Public Lands
The Ninth Circuit’s Top Environmental Law Decisions of 2016
Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals’ Docket
In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law. That’s true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes …
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CONTINUE READINGGone, Baby, Gone: The Death of Appalachian Coal
It’s not just cheap natural gas. Even a coal industry revival wouldn’t help Appalachia.
Trump has promised to end the “war on coal” and bring the industry roaring back. The NY Times appropriately called this a “cruel promise,” because cheap natural gas has driven coal to its knees economically. That won’t change under Trump, who has promised even more fracking and gas production. But, as it turns out, even …
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CONTINUE READINGSearching for Votes in the Senate
Q: Can the Dems scrounge up the votes to block anti-environment actions? A: Maybe.
Paul Ryan and Donald Trump have vowed to roll back many environmental protections. The Senate seems to be the one barrier against anti-environmental moves by Congress. How strong is that barrier? The answer depends in part on whether the filibuster option remains open. If the filibuster rule remains intact, the Democrats’ 48 votes in the Senate …
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CONTINUE READINGSomething Else to Be Thankful For — Inertia!
Meet your new best friend: gridlock, litigation delays, and red tape.
Inertia isn’t something we think about very often. Still less often is it something we feel grateful for. But it’s what prevents us from being tossed around by every passing wind. At this precise moment, that’s something we should hold precious. It’s ironic that environmentalists should now be grateful for all the features that hold …
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CONTINUE READINGWhat Will Trump Do? Maybe Not What We Expect.
If he cares about 2020, he’ll have to do some recalibrating.
To be honest, no one really knows what Trump will do. Maybe not even Trump. The obvious is often the safest best. In this post, I’m going to speculate about another, slightly less dire, possibility. He may take the most obvious path – which would mean ripping the heart out of our environmental laws. For instance, he …
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CONTINUE READINGWhat Does a Trump Presidency Portend for California’s Environmental Policies?
Constitutional Issues Loom Large in Future, Likely Federal-California Legal Confrontations
Sensing political storm clouds ahead, California Governor Jerry Brown yesterday issued a statement on the presidential election results that concludes: “We will protect the precious rights of our people and continue to confront the existential threat of our time–devastating climate change.” Several of my Legal Planet colleagues have recently posted thoughtful commentary on what Donald Trump’s …
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CONTINUE READINGObama’s Remarkable Environmental Achievements
When you look at the whole of his legacy, it’s a stunning record.
When he leaves office in January, President Obama will have compiled a remarkable record of environmental achievements. The record spans everything from climate change to endangered species and ocean protection. We can only hope that next Tuesday’s election doesn’t undo many of these gains. Here is a list, in no particular order, of twenty of …
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CONTINUE READINGA Century of Bipartisan Effort
Over 110 years, Presidents of both parties have worked to save national monuments.
Let’s take a break from the bitter partisan warfare and celebrate a bipartisan triumph: preserving numerous national monuments by presidents of both parties. This effort includes creation of 1.6 million square miles of marine preserves by Presidents George W. Bush and Barack Obama. It’s impressive just how many of our Presidents have been involved in …
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CONTINUE READINGThe Steadily-Dying Sierra Nevadas
Drought, Bark Beetle Infestation, Climate Change Imperil Sierra Pine Forests
Like over 600 other environmental lawyers, professors, law students and regulators, I attended the 25th annual Environmental Law Conference at Yosemite last weekend. As always, the Conference–sponsored by the California State Bar’s Environmental Law Section–was a big success, filled with inspirational speakers and thought-provoking panels. But the major topic of conversation–during the Conference proceedings, in …
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CONTINUE READINGState regulation of environmental harms on federal lands
California Supreme Court case indicates substantial authority for states to act
Sean has already reported on the recent Rinehart decision by the California Supreme Court, in which the Court concluded that a state law imposing a temporary moratorium on the use of suction dredge equipment in California waterways was not preempted by federal mining law. Here, I just want to add to Sean’s excellent summary by …
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