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Environmental Law

reason-ucberkeley

Housing Policy

California NIMBYs Are Ruining U.C. Berkeley. Stop Them Before They Kill Again.

A California Supreme Court decision freezing enrollment at the state's flagship university is focusing the public's fury on the normally obscure, but incredibly consequential, California Environmental Quality Act.

Christian Britschgi | 3.14.2022 4:30 PM

topicsimmigration

Immigration

Greenwashing Borders

For years, immigration restrictionists have borrowed arguments from the environmentalist fringe to make their case against allowing immigration to developed nations.

Fiona Harrigan | 3.14.2022 6:00 AM

UCVol6 16x9

Unintended Consequences

Great Moments in Unintended Consequences (Vol. 6)

Good intentions, bad results

Austin Bragg and Meredith Bragg | 3.9.2022 10:30 AM

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NIMBY

Berkeley NIMBYs Are Taking Advantage of California's Flawed Environmental Regulations

Liberal Berkeley officials might be coming around to the view held by conservative business leaders, who have long argued that California's Environmental Quality Act needs an overhaul.

Steven Greenhut | 3.4.2022 10:00 AM

Supreme Court

Supreme Court Digs into Statutory Details More than Standing or Nondelegation in West Virginia v. EPA

At today's oral argument, the justices explored Section 111 of the Clean Air Act, the major questions doctrine, justiciability and the regulation of advertising for four-foot cigars smoked through hookahs.

Jonathan H. Adler |The Volokh Conspiracy | 2.28.2022 12:21 PM

Administrative Law

Why the Supreme Court's Decision in NFIB v. OSHA May Be Even Worse News for Climate Regulation than You Thought

Insofar as the Court was concerned about pretext, it may be more difficult for the EPA to reduce greenhouse gases using regulatory authority to control emissions.

Jonathan H. Adler |The Volokh Conspiracy | 1.24.2022 8:17 PM

Environmental Law

Supreme Court Grants Certiorari to Clarify the Scope of Federal Regulatory Jurisdiction under the Clean Water Act

The Sacketts get a return trip to the Supreme Court.

Jonathan H. Adler |The Volokh Conspiracy | 1.24.2022 1:48 PM

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Brickbats

Brickbat: One More Thing to Do

Charles Oliver | 1.10.2022 4:00 AM

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Clean Water Act

EPA/Army Corps Propose to Formalize Waters of the United States Definition

Perhaps surprisingly, the Biden Administration is not pushing an expansive interpretation of federal regulatory jurisdiction under the Clean Water Act.

Jonathan H. Adler |The Volokh Conspiracy | 11.21.2021 10:43 PM

Supreme Court

Supreme Court Agrees to Hear Case Challenging EPA Authority to Regulate Greenhouse Gases (Updated)

A surprising grant of certiorari places a high-stakes regulatory case on the Court's docket, with profound implications for EPA authority to regulate greenhouse gases.

Jonathan H. Adler |The Volokh Conspiracy | 10.29.2021 5:03 PM

Climate Change

Why State Common Law Nuisance Claims Against Fossil Fuel Companies Are Not Preempted

Nuisance claims may not be a particularly effective way to address the problem of climate change, but federal law does not preempt state common law nuisance claims seeking compensatory damages.

Jonathan H. Adler |The Volokh Conspiracy | 10.27.2021 10:24 AM

Environmental Law

What Happened When UC Berkeley Met the California Environmental Quality Act

A state court has apparently placed a cap on UC Berkeley enrollment increases due to inadequate environmental review.

Jonathan H. Adler |The Volokh Conspiracy | 10.14.2021 12:09 PM

Energy & Environment

Are Biden Administration's Offshore Wind Plans Just a Fantasy?

Without attention to the onerous permitting process for offshore wind and other energy projects, efforts will be plagued by costly delays.

Jonathan H. Adler |The Volokh Conspiracy | 10.14.2021 9:52 AM

Property Rights

Sixth Circuit Concludes Local Tree Ordinance Constitutes an Unconstitutional Taking

Court finds that a Canton, Michigan ordinance requiring mitigation for tree removal constitutes an uncompensated taking.

Jonathan H. Adler |The Volokh Conspiracy | 10.13.2021 6:51 PM

Climate Change

Overheated and Inaccurate Commentary on Courts and Climate

Demand Justice's Balls and Strikes provides more heat than light.

Jonathan H. Adler |The Volokh Conspiracy | 10.13.2021 9:05 AM

Endangered species

Money for Listing Species Is Not Money for Recovering Species

Some environmentalists seem to care more about triggering endangered species regulation than endangered species conservation.

Jonathan H. Adler |The Volokh Conspiracy | 10.12.2021 10:16 PM

Administrative Law

On the Sacketts and S.B. 8

Governments should not design laws and regulations to frustrate judicial review.

Jonathan H. Adler |The Volokh Conspiracy | 10.12.2021 8:47 AM

Supreme Court

Could the Supreme Court Revive the Trump Administration's ACE Rule?

The D.C. Circuit rejected the Trump Administration's approach to regulating power plant emissions of greenhouse gases. Some states and industry groups want the Supreme Court to take a look.

Jonathan H. Adler |The Volokh Conspiracy | 10.7.2021 5:31 PM

Climate Change

Why Carbon Pricing Is Preferable to Carbon Regulation

And, within those policies deemed "carbon pricing," a carbon tax is preferable to cap-and-trade.

Jonathan H. Adler |The Volokh Conspiracy | 9.21.2021 1:40 PM

Clean Water Act

District Court Vacates Trump Administration "Waters" Rule, So What's Next for WOTUS?

The Army Corps and EPA were happy to have the Trump Administration rule remanded, as they are working on a more expansive replacement that will itself face legal challenge.

Jonathan H. Adler |The Volokh Conspiracy | 8.31.2021 7:09 PM

reason-ucsf

San Francisco

The Same Law California NIMBYs Use To Block Housing Is Now Freezing College Enrollments and Halting Hospital Expansions

A string of adverse court decisions will stop the University of California Board of Regents from adding more students to its Berkeley campus and adding more hospital beds to its medical center in San Francisco

Christian Britschgi | 8.26.2021 8:00 AM

reason-traffic

Traffic Congestion

New York City Was Supposed To Have Congestion Pricing in January. Federally Mandated Environmental Review Pushed the Start Date to 2023.

Federal environmental laws and restrictions on tolling are adding years to the rollout of New York’s congestion pricing program.

Christian Britschgi | 8.24.2021 11:30 AM

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Free Markets

In a Land of Scarce Water, Prices Should Be the Guide

The West needs markets in water, not allocations based on political considerations.

J.D. Tuccille | 8.20.2021 7:00 AM

Environmental Law

Does the Council on Environmental Quality Have the Authority to Issue Binding Regulations Implementing NEPA?

A judge's concurring opinion suggests that CEQ might not have the authority that some think it does.

Jonathan H. Adler |The Volokh Conspiracy | 6.24.2021 11:47 AM

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Marijuana

California Wants To Throw $100 Million at Its Mismanaged Retail Marijuana Sector

Lawmakers want to pay cities to help cannabis businesses navigate the state’s oppressive bureaucracy.

Scott Shackford | 6.16.2021 12:30 PM

KeystonePipesNewscom

Keystone XL

Keystone Pipeline's Cancellation Shows How Arbitrary Presidential Power Subverts the Rule of Law

Citizens and companies increasingly cannot count on the stability of the law when making decisions about their lives and businesses.

Ronald Bailey | 6.11.2021 11:45 AM

Pollution

Why Is the East Side Poorer than the West Side?

A new paper suggests that pollution (and prevailing winds) may be part of the answer.

Jonathan H. Adler |The Volokh Conspiracy | 6.3.2021 4:53 PM

Climate Change

Webinar on the Economics and Law of Climate Adaptation

Adapting to Climate Change: Economic and Legal Perspectives featuring Matthew Kahn and Robin Craig

Jonathan H. Adler |The Volokh Conspiracy | 4.26.2021 5:47 PM

topicsregulation

Regulation

Biden Chooses Cronyism Over Letting Puerto Rico Rebuild

The Jones Act shields the American shipping industry from foreign competition and harms both the environment and disadvantaged communities.

Scott Shackford | 4.18.2021 6:00 AM

polspphotos393248

Wildfires

Why Isn't California Safer From Wildfires?

An environmental law keeps public agencies from reducing wildfire fuel.

Sashi Sabaratnam McEntee | 4.6.2021 1:30 PM

Environmental Law

Wildlife as Property Owners Webinar

An examination of how reconceiving animal rights might aid wildlife conservation

Jonathan H. Adler |The Volokh Conspiracy | 2.28.2021 12:26 PM

reason-ucsf

San Francisco

In the Middle of a Pandemic, San Francisco NIMBYs Sue To Stop a New Hospital From Being Built

The lawsuit argues a 2,100-page environmental impact report for a major expansion of the University of California, San Francisco's Parnassus campus wasn't thorough enough.

Christian Britschgi | 2.25.2021 10:40 AM

reason-lagunabeach

California

California Preservationists Sue To Overturn Law That Requires Property Owners Consent To Having Their Homes Landmarked

The lawsuit from three Orange County preservation groups argues that supposedly historic buildings should be afforded the same environmental protections as "air, water, and forests."

Christian Britschgi | 1.23.2021 8:00 AM

Supreme Court

Environmental Law in the Roberts Court

The Supreme Court decides a decent number of environmental cases, but does not seem particularly interested in environmental concerns.

Jonathan H. Adler |The Volokh Conspiracy | 10.5.2020 2:31 PM

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