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The Ten Most Important U.S. Environmental Laws

An image of the U.S. Capitol Building in the evening.

Some of the choices may surprise you.

What are America’s most important environmental laws? Some are familiar, such as the federal air and water pollution laws, and the Endangered Species Act. But there are other people rarely hear about — even in environmental law courses — but have done a lot to protect the environment.

The “Silver Bullet” Required to Improve California’s Water Rights System: More & Better Data

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

Recently I’ve posted stories about efforts to enforce California’s water laws in the face of efforts by some diverters to evade and ignore limits on their ability to privatize public water resources–especially in times of critical drought. One post focused on the federal government’s successful criminal prosecution of a San Joaquin Valley water district manager …

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Reforming California’s Financial Penalties for Water Theft Will Create an Effective Deterrent

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

In a Legal Planet Post earlier this week, I recounted the saga of how federal prosecutors recently secured the criminal conviction of Dennis Falaschi, the former San Joaquin Valley water district general manager who oversaw the decades-long theft of millions of gallons of publicly-owned water from California’s Central Valley Project. That successful prosecution certainly qualifies …

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A Brazen California Water Heist Revealed, Prosecuted & Punished

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Recently, former Panoche Drainage District general manager Dennis Falaschi pled guilty in federal district court in Fresno to having conspired to steal millions of gallons of publicly-owned water from California’s Central Valley Project (CVP) for private gain. This surreptitious water theft apparently had been going on for well over two decades before Falaschi was finally …

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Temporary Takings and the Adaptation Dilemma

Current law penalizes adaptation measures because of the risk of takings liability.

Is it unconstitutional for the government to build a levee that reduces the risk of urban flooding but diverts the water to nearby farmlands? The answer could be yes, unless the government pays for flood easements on the rural lands. But if the government doesn’t build the levee, it faces no liability from the urban …

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Deciphering NEPA 2.0

Here’s everything you wanted to know about the “New NEPA” but were afraid to ask.

NEPA was long an island of legal stability, standing almost unamended for over a half century. Then in the summer of 2023, everything changed. As a rider on the agreement to raise the debt ceiling, Congress extensively rewrote and expanded NEPA, gifting us with a new statutory regime. As I’ve written before — and discuss …

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America’s Leading Environmental Court

Hint: It’s in the southernmost state. Which is not Florida.

The state court on the cutting edge of environmental law is a long way from the major population and media centers, which may be one reason it doesn’t get much attention. It deserves more. The Hawaiian Supreme Court has been forging new paths in environmental law that may lead the way for other courts in …

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California Water Law Symposium is this Saturday in San Francisco

This student-organized event will focus on “Diversifying Solutions to Water Governance in California”

If you’re interested in California water, the 20th Annual California Water Law Symposium is a great way to spend this Saturday! The symposium is a collaborative student-run event that consistently brings together leading minds in water law and policy to discuss California’s critical water issues. Students from 7 northern California law schools—led by a stellar …

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The Long Life and Sudden Demise of Federal Wetlands Protection

Here’s a timeline of events.

It’s no wonder that one EPA staffer’s reaction to the Supreme Court ruling was a single word: “Heartbroken.” In 2023, the Supreme Court ended fifty years of broad federal protection to wetlands in Sackett v. United States. It is only when you look back at the history of federal wetland regulation that you realize just …

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Emmett Institute Symposium: Powering the Future

This is a critical moment in the energy transition for plotting the course of mineral extraction, with communities and the environment in mind.

If you ever find yourself passing through southwest Montana, go visit the Berkeley Pit and contemplate resource extraction. You pay a couple bucks to a guy in a trailer; walk under some razor wire and through a long, disorienting white tunnel; then stand and stare out at the most beautiful turquoise sea of toxic …

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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.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

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

The Biden-Trump Debate’s Climate Question

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

Grid Experts Weigh in on EPA’s Good Neighbor Plan for NOx

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

The Supreme Court & Interstate Pollution

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

The Ten Most Important U.S. Environmental Laws

Some of the choices may surprise you.

The 2023 NEPA Rewrite and the Supreme Court’s New Climate Case

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

Luminosity

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Is Activism a Part of Responsible Climate Scholarship?

Academics needn’t become activists, but I argue that we must support activism. Indeed, inclusive engagement with activism could enhance our scholarship.

Financing and Investment Strategies for an Equitable Clean Mobility Transition

New CLEE / Prospect Silicon Valley report outlines top strategies from a series of expert convenings

Halftime Report: Environmental Bills Moving Forward

The UCLA Emmett Institute is tracking California environmental bills. In a year of tough budget choices, here are the notable bills that cleared Sacramento’s first big legislative deadline.

Big Oil Runs to the Supreme Court

Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.

A Brazen California Water Heist Revealed, Prosecuted & Punished

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Can the IRA Trump-Proof Itself?

Building A Political Firewall Against IRA Repeal

Will Biden and Trump Debate Climate Change?

Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.

Reforming California’s Financial Penalties for Water Theft Will Create an Effective Deterrent

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Hillary Clinton, Climate Change, and the ‘Sliding Doors’ of History

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

The Hawai’i Youth Climate Trial

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

Major League Soccer’s LAFC Has a Big Oil Problem Too

The Dodgers are not the only LA sports team sullying their brand by taking oil money. Beloved soccer club LAFC recently renewed a partnership with Chevron.

Water

Some of the choices may surprise you.

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Current law penalizes adaptation measures because of the risk of takings liability.

Here’s everything you wanted to know about the “New NEPA” but were afraid to ask.

Hint: It’s in the southernmost state. Which is not Florida.

This student-organized event will focus on “Diversifying Solutions to Water Governance in California”

Here’s a timeline of events.

This is a critical moment in the energy transition for plotting the course of mineral extraction, with communities and the environment in mind.

TRENDING

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.

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

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

Some of the choices may surprise you.

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Academics needn’t become activists, but I argue that we must support activism. Indeed, inclusive engagement with activism could enhance our scholarship.

New CLEE / Prospect Silicon Valley report outlines top strategies from a series of expert convenings

The UCLA Emmett Institute is tracking California environmental bills. In a year of tough budget choices, here are the notable bills that cleared Sacramento’s first big legislative deadline.

Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Building A Political Firewall Against IRA Repeal

Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

The Dodgers are not the only LA sports team sullying their brand by taking oil money. Beloved soccer club LAFC recently renewed a partnership with Chevron.