The Supreme Court Case That Could Upend the Clean Water Act
If SCOTUS finds in favor of a small-town Idaho couple in Sackett v. EPA, it could end the federal government's jurisdiction over millions of acres of land.
Environmental Law
California's Landmark Environmental Law Finally Comes for the Legislature Itself
Golden State lawmakers have refused to fix the California Environmental Quality Act. Now it could cost them a brand new office building.
Would a Carbon Tax Kill Jobs?
A new study examines what happened in British Columbia, while a second looks at how to ensure "revenue neutrality."
Napa Valley Winery Sues Napa County Over Arcane Environmental Rules
Hundred Acre's lawsuit alleges heavy-handed and extralegal enforcement by county environmental regulators.
Tennessee Snail Darter No Longer a Threatened Species
The U.S. Fish & Wildlife Service has declared that the little fish that almost stopped completion of the Tellico Dam has recovered.
The Sackett Oral Argument and the Problem of Defining "Waters of the United States"
The justices wrestled with the problem of identifying a clear, coherent, and administrable definition to constrain federal regulatory jurisdiction under the Clean Water Act.
Will Sackett v. EPA Clarify the Scope of Federal Regulatory Jurisdiction Over Wetlands?
Ten years after their unanimous Supreme Court victory against the Environmental Protection Agency, the Sacketts return to One First Street for another round.
Third Circuit Rejects Oil Company Efforts to Remove Climate Claims to Federal Court
Five Circuits have considered, and rejected, fossil fuel efforts to get state-law tort and nuisance claims removed to federal court. Will their luck change in the Supreme Court?
WV v. EPA: Some Answers about Major Questions (But Not All the Answers We Need)
My forthcoming article the good, the bad, and the likely implications of the Supreme Court's decision West Virginia v. EPA
Supreme Court Rejects Broad EPA Authority to Regulate Greenhouse Gases from Power Plants (Updated)
Chief Justice Roberts writes for a six-justice majority in West Virginia v. EPA.
Environmental Protection Agency
EPA Pushes Back Power Plant Greenhouse Gas Regulations While Awaiting Supreme Court Ruling
No matter how the Supreme Court rules in West Virginia v. EPA, absent legislative action it is unlikely new power plant rules will be in force before 2024.
Environmentalists' Lawsuit Brings Minneapolis' YIMBY Success Story to a Screeching Halt
Three environmentalists groups had argued that the city failed to perform a state-required environmental analysis of its Minneapolis 2040 comprehensive plan.
New York Puts Bitcoin Mining in the Crosshairs
It’s one of many anti-cryptocurrency policies emanating from the Empire State
California Court Rules Bees Qualify as "Fish" Under the State's Endangered Species Act
The ruling is not as ridiculous as it sounds. But it's still a fishy decision!
A Bee May Be A Fish (At Least in California) [Updated]
A state court rules that bumble bees may qualify as "fish" under the California Endangered Species Act
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.
Greenwashing Borders
For years, immigration restrictionists have borrowed arguments from the environmentalist fringe to make their case against allowing immigration to developed nations.
Great Moments in Unintended Consequences: Driving Days, Boat Taxes, Ghost Flights (Vol. 6)
Good intentions, bad results
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Overheated and Inaccurate Commentary on Courts and Climate
Demand Justice's Balls and Strikes provides more heat than light.
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.
On the Sacketts and S.B. 8
Governments should not design laws and regulations to frustrate judicial review.
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.
Why Carbon Pricing Is Preferable to Carbon Regulation
And, within those policies deemed "carbon pricing," a carbon tax is preferable to cap-and-trade.
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.
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
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.
In a Land of Scarce Water, Prices Should Be the Guide
The West needs markets in water, not allocations based on political considerations.
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.
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.
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.
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.
Webinar on the Economics and Law of Climate Adaptation
Adapting to Climate Change: Economic and Legal Perspectives featuring Matthew Kahn and Robin Craig
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.
Why Isn't California Safer From Wildfires?
An environmental law keeps public agencies from reducing wildfire fuel.
Wildlife as Property Owners Webinar
An examination of how reconceiving animal rights might aid wildlife conservation
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.
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."