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Another Battle in the ESG Wars

Another Trump rollback undone, another step forward for sustainable investing.

Some call it ESG — the growing attention of big investors to a company’s record Environmental, Social, and Governance issues. Some call it responsible investing. Others call it “woke.” On Nov. 22, the Biden Administration notched a victory in this ongoing battle, allowing ESG investments by private pension plans. Those plans now hold roughly $13 …

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DeSantis and the Environment

A Little Bit of Nepotism and a Lot of Everglades Protection.

Compared to Donald Trump, Ron DeSantis is practically a Greta Thunberg on environmental issues. Of course, by the same token, I’m practically a Steph Curry on the court compared to Danny DeVito. Sarcasm aside, DeSantis is pretty good on environmental issues for a Republican. But he rarely mentions climate change, and his record on renewable …

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Environment and Energy Impacts of the 2022 Election

The consequences will play out in D.C. and in some important states.

The President’s party typically does poorly in the mid-terms, Biden’s popularity is low, and Americans are upset about inflation. But the election didn’t produce the Republican wave many observers predicted in the last few weeks of the campaign. Although the GOP will likely control the House, the Democrats have held the Senate. Here’s where things …

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The Supreme Court’s Earliest Pollution Cases

Long before Congress, a notoriously conservative Court started taking pollution seriously.

Well over a century ago, the Supreme Court ruled that it had that power to remedy interstate water pollution. That was in 1901. Six years later, the Court decided its first air pollution case. Notably, these cases came during the conservative Lochner era when the Court was hardly known for its liberalism. Quite the contrary. …

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Happy 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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Senate 2022: North Carolina

An anti-environmentalist is favored but the challenger has a fighting chance.

The Senate race in North Carolina may be a bit of a stretch for Democrats, but it’s not out of reach. The contrast between the candidates on environmental issues is particularly stark. Cheri Beasley (D). Her website describes her as “a mom, former public defender, judge, and the first Black woman to serve as Chief …

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What 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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Senate 2022: Pennsylvania

Two unconventional candidates face off in a crucial swing state.

This is an open seat due to Pat Toomey’s retirement. It’s also an election that could go either way, though there are some signs that the Democrats may have an edge. And finally, it’s probably also the Democrats’ best pickup opportunity. Neither candidate comes from central casting, which makes it an especially interesting race. John …

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Senate 2022: Georgia

The environmentalist incumbent faces a tight race.

Georgia is a toss-up state that both parties view as a must-win. I suppose it says something that both candidates for the Georgia Senate are Black, which may be a first for a Southern state, or perhaps anywhere. GOP insiders are reportedly concerned about their candidate’s ability to mount a successful challenge to the incumbent. …

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Senate 2022: Nevada.

A tight race between two low-key candidates.

The Nevada Senate race may be more about Biden and Trump than the actual candidates. It’s another toss-up contest, though some observers see signs it may be shifting in favor of the Democrats. Catherine Cortez Masto (D). Cortez Masto’s campaign website calls her “an independent voice for Nevada who works with Democrats, Republicans, and Independents …

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Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

California can help meet its climate goals by removing SERP’s sunset date

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

States

Another Trump rollback undone, another step forward for sustainable investing.

A Little Bit of Nepotism and a Lot of Everglades Protection.

The consequences will play out in D.C. and in some important states.

Long before Congress, a notoriously conservative Court started taking pollution seriously.

One of America’s Foundational Environmental Laws Has Proven Transformational, But Requires Updating a Half-Century Later

An anti-environmentalist is favored but the challenger has a fighting chance.

Constitutional Challenge to California’s Animal Welfare Law Could Have Profound Impacts on State’s Environmental Laws

Two unconventional candidates face off in a crucial swing state.

The environmentalist incumbent faces a tight race.

A tight race between two low-key candidates.

TRENDING

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

We used to have the Chevron test? What test do we have now?

Today’s wind and solar resources didn’t come out of nowhere.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.