Litigation
A Great Victory For Electric Cars
But Beware: Neanderthal GOP Judges Are Waiting To Strike It Down
With all the attention being paid to Volodymyr Zelenskyy’s visit to Washington, and the release of the January 6th Committee, you might have missed the (second) most important environmental story of the week: The U.S. Postal Service will buy 66,000 vehicles to build one of the largest electric fleets in the nation, Biden administration officials …
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CONTINUE READINGThe Coming Ground War For Missing Middle Housing
Municipalities Continue to Maintain and Erect New Barriers To Homes For Working People
Last year, the California Legislature enacted SB 9, which required local governments to allow duplexes (and with ADUs, sometimes triplexes and quadraplexes) in single-family zones. Housing advocates rejoiced, and NIMBYs screamed that it was the end of the world and would lead to “Manhattanization” (because as we all know, Manhattan is famous for its duplexes). …
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CONTINUE READINGUCLA Environmental Law Clinic Students’ Work Used in Litigation for Improved Refinery Monitoring
East Yard Communities for Environmental Justice, represented by Earthjustice, filed a petition drafted by UCLA ELC students
On Monday, environmental-justice advocates filed a petition drafted by two of our amazing UCLA Environmental Law Clinic students, Sarah Repko and Monica Heger, opening litigation to improve monitoring of petroleum refineries in Southern California. This spring, Sarah and Monica had the exciting opportunity to work with Earthjustice’s Community Partnerships program to prepare litigation enforcing state …
CONTINUE READINGWasting Gas
A proposed rule limiting flaring and venting of natural gas is a win for everyone except greedy oil and gas operators.
Yesterday, the Interior Department posted a proposed rule to limit flaring and venting of natural gas on public lands. The rule will be good for everyone except the oil and gas operators who waste the gas, increasing methane and carbon emissions while giving the public nothing in return. The rule is clearly a step in …
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CONTINUE READINGWhat is jurisdiction, and why is it important to climate change litigation?
Local actors seek climate change damages from the biggest fossil fuel companies through state law litigation In the wake of West Virginia v. EPA and the Supreme Court’s deregulatory trend, state action remains an avenue for climate change adaptation and mitigation. While the specter of the major questions doctrine hampers most federal agency actions to …
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CONTINUE READINGDo Trump-Appointed Judges Differ when Deciding Environmental Cases?
Student analysis identifies disparities in judicial outcomes
(This post was authored by Grayson Peters, a JD candidate at Berkeley Law and CLEE research assistant.) Do federal judges appointed by former President Trump rule differently in environmental disputes than judges appointed by other presidents? An analysis by two Berkeley Law students finds that they do in a few key areas of judicial decision-making. …
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CONTINUE READINGHappy 50th Anniversary, Federal Clean Water Act
One of America’s Foundational Environmental Laws Has Proven Transformational, But Requires Updating a Half-Century Later
The Clean Water Act (CWA), one of the nation’s most important environmental laws, is 50 years old today. It’s proven to be one of the most successful of America’s bedrock federal environmental statutes. But the CWA is far from perfect, needs some important updating, and will probably never fully achieve the aspirational goals Congress proclaimed …
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CONTINUE READINGWhat Do Pig Pens Have To Do With Environmental Law?
Constitutional Challenge to California’s Animal Welfare Law Could Have Profound Impacts on State’s Environmental Laws
Today the U.S. Supreme Court will hear oral arguments in an animal welfare case from California that could have profound, negative impacts on a host of the Golden State’s environmental laws and policies. The case is National Pork Producers Council v. Ross, No. 21-468. The National Pork Producers Council litigation arises from an initiative measure–Proposition …
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CONTINUE READINGOn the First Monday in October, the Sacketts Head to the Supreme Court a Second Time
Sackett v. EPA–the Most Important Environmental Case on the Justices’ Current Docket–Will Answer the Key Question of How Far Federal Wetlands Regulation Extends Under the Clean Water Act
Today the U.S. Supreme Court formally begins its 2022-23 Term. First up on the justices’ docket this morning is a major environmental case: Sackett v. Environmental Protection Agency, No. 21-454. This year marks the 50th anniversary of the Clean Water Act (CWA). Over the past half-century, no single CWA issue has proven more contentious and …
CONTINUE READINGClimate Change and the Major Question Doctrine
Just because a regulation involves climate change, that doesn’t make it a major question.
Red State AGs are preparing to go to town with the West Virginia case. They seem to think that everything involving climate change automatically becomes a major question. That’s simply wrong. The doctrine is more nuanced. Recall that the Supreme Court struck down OSHA’s vaccine mandate, essentially on major questions grounds, but the majority found …
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