Regulation
Judicial Deference to Agencies: A Timeline
Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.
The Supreme Court is about to make a major decision about the balance of power between courts and agencies like EPA. Here’s what you need to know about the history if the issue to understand what’s going today.
CONTINUE READINGEPA’s New Power Plant Rules Have Dropped. What Happens Next?
Media battles. Lawsuits. Stay requests. And political mayhem.
The release of Biden’s new climate regulations for power plants will unleash a maelstrom of legal and political battles. One key question: Will the Supreme Court short circuit the litigation process by staying the rules.
CONTINUE READINGDon’t Count Your Judicial Vultures Before They Hatch
The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.
It’s not hard to imagine the conservative super-majority pursuing its campaign against regulatory agencies like vultures picking over the bones of environmental law. That’s certainly possible – vulture eggs do, after all, generally hatch into vultures. But it’s not by any means a done deal. There are multiple pathways the Court could take – none …
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CONTINUE READINGU.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation
California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court
On April 12th, the U.S. Supreme Court revisited a constitutional doctrine near and dear to its institutional heart: when and under what circumstances does a land use permit condition violate the Fifth Amendment’s Takings Clause? In yet another “regulatory takings” case from California, the Supreme Court wound up not answering that precise question. Instead, the …
CONTINUE READINGChevron Gets the Headlines, But State Farm May Be More Important
The abortion pill case could undermine the authority of agency’s expert judgments.
The Chevron doctrine requires judges to defer to an agency’s interpretation of a statute if that interpretation is reasonable. The State Farm case, which is much less widely known, requires courts to defer to an agency’s expert judgment unless its reasoning has ignored contrary evidence or has a logical hole. As you probably already know, …
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CONTINUE READINGThe SEC’s Watered-Down Climate Rule
Now that the SEC has approved its limited climate disclosure rule, the spotlight is back on California’s more stringent disclosure laws that still need backing.
After months of discussion, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to adopt climate reporting standards that will mandate publicly-traded companies disclose some of their greenhouse gas emissions. The SEC’s rule was proposed way back in 2022, and the initial draft would have required companies to disclose their “Scope 3” supply chain emissions, …
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CONTINUE READINGEvaluating Voluntary Agreements in the Bay-Delta Watershed
by Nell Green Nylen, Felicia Marcus, Dave Owen, and Michael Kiparsky
Updates to flow and other regulatory requirements for California’s Bay-Delta watershed are long overdue. For much of the last 12 years, state political leadership has prioritized efforts to develop voluntary agreements (VAs) with water users over completing updates to the watershed’s water quality standards. Now the State Water Resources Control Board has restarted the regulatory …
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CONTINUE READINGClimate Election 2024: Trump Plans to Drain the EPA
The battle plan for a second Trump term includes reinstating Schedule F to remove climate experts from the U.S. government.
Donald Trump could “F” the federal government. Literally. Far-right policy strategists are laying plans, largely endorsed by the Trump campaign, for getting rid of federal government workers who might otherwise stand in the way of a radical deregulation agenda. It’s called “Schedule F,” and it could be used to strip employment protections from as many …
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CONTINUE READINGThe U.S. Supreme Court & Environmental Law in 2024
Numerous Key Environmental Issues and Doctrines Will Confront the Justices This Year
As we begin 2024, it’s useful to identify and assess the many environmental issues that the U.S. Supreme Court has agreed to decide this year. It seems likely that the conservative majority of the justices will erode or, perhaps, dramatically jettison longstanding principles of environmental law and policy in the coming months. Summarized below are …
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CONTINUE READINGMore Thrills and Chills Ahead! What to Expect in 2024
Here are the key events that will shape climate and energy policy.
We will face some important forks in the road in 2024 in terms of environmental law. Here are some of the upcoming forks. Who will be President in 2025? You probably don’t need reminding that 2024 is an election year. At this point, the election seems likely to be a replay of Biden versus Trump. …
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