With Environmental Regulatory Reform, California Gov. Gavin Newsom Finally Does Something Substantial
Without Newsom's efforts, major reforms to California's stifling environmental laws would have died on the vine.
Environmental Law
California Enacts Sweeping Exemption to Development-Killing Environmental Law
Plus: Real rent decreases in New York City, the return of missing middle housing in Virginia, and how everyone's a socialist on housing in New York.
A Supreme Court Course Correction for NEPA
The significance of the Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County
New Mexico Appeals Court Dismisses Suit Seeking to Compel Greater Environmental Regulation under State Constitution
The appeals court concludes the lawsuit failed to present a claim upon which relief can be granted under state law.
Permitting the Future
A symposium looking at the need to permit the construction and deployment of energy infrastructure in order to meet environmental goals.
"The Central Principle of Judicial Review in NEPA Cases Is Deference"
Some additional thoughts on today's Supreme Court decision in Seven County Infrastructure Coalition.
Supreme Court Narrows Scope of NEPA Review
Environmental Impact Statements do not have to consider upstream and downstream effects.
The Trump EPA's Plan to End Greenhouse Gas Emission Regulation from Stationary Sources
Instead of making a headlong rush at the endangerment finding, the Administration is adopting a more targeted deregulatory strategy.
Can the EPA Finesse the Greenhouse Gas Endangerment Finding?
The agency may be able to adopt a bank-shot strategy to preclude most (but not all) greenhouse gas regulation under the Clean Air Act without contesting basic climate science.
Can the EPA Rescind the Endangerment Finding? Should It Even Try?
A recent Federalist Society webinar on one of the Trump EPA"s top agenda items.
California's Environmental Regulations Are a Mess. Why Won't Lawmakers Fix Them?
The California Environmental Quality Act has created a regulatory nightmare.
The EPA Announces a Fool's Errand: Reconsidering the Endangerment Finding
The move is part of a broader suite of deregulatory actions announced by the EPA Administrator, and is likely the least advisable item on the list.
D.C. Circuit Stays Mandate in Marin Audubon Society v. FAA
After refusing to order remand without vacatur, the D.C. Circuit pauses the effect of its decision.
Trump Administration Moves To Streamline Environmental Reviews
From forest restoration to energy infrastructure, NEPA delays projects that would benefit the economy and environment.
Fresh Starts on Starter Homes
Lawmakers in Arizona and California are attempting to overcome local resistance to meaningful starter home reforms.
D.C. Circuit Declines to Reconsider Decision Concluding CEQ Lacks Authority to Issue NEPA Regulations
A majority of the en banc court instead seeks to explain away the panel's conclusion as dicta. Will the Supreme Court agree?
18 Months After Wildfires Destroyed Some 2,000 Homes on Maui, Only 3 Have Been Rebuilt
A thicket of red tape has made the island's rebuilding efforts painfully slow.
The L.A. Fires Are a Natural Disaster, Not a Policy Disaster
The Golden State has many bad policies in desperate need of reform. It's not obvious they had more than a marginal effect on the still-burning fires in Los Angeles.
Supreme Court Denies Certiorari in Climate Tort Suits
The justices are not persuaded to intervene in state-law climate litigation.
FERC Not Required to "Second Guess" State Energy Choices Under NEPA
The D.C. Circuit adopts a suitably constrained view of FERC's legal obligations when conducting environmental impact assessments.
Lawsuit Challenges Vermont Climate Program
Is the Climate Superfund Act unconstitutional?
Will the EPA Limit Water Fluoridation?
RFK Jr. is not the Trump Appointee whose views on water fluoridation are likely to be most important.
New Law Finally Allows Conservationists To Clean Up Abandoned Mines
For decades, federal rules punished good Samaritans who tried to tackle toxic mine pollution. A new program removes barriers to restoring waterways across the West.
Bye, Joe: Evaluating the Biden Presidency
From the war in Afghanistan to the war on drugs, Reason writers offer performance reviews of Joe Biden's single term as president.
Abolish the EPA
Climate change is a serious environmental concern, but it is not clear how the EPA helps.
Exempting Favored Industries is the Wrong Way to Fix NEPA
The Building Chips in America Act shields CHIPS-subsidized firms from the National Environmental Policy Act.
Geothermal Power Could Produce Abundant Clean Energy, If We Let It
Geothermal projects promise nearly limitless energy, but they are being stymied by environmental policies.
Supreme Court Refuses to Stay Biden EPA Power Plant Rule
Some were surprised by the Supreme Court's action, but they should not have been.
A Last Ditch Attempt to Bring Kids Climate Case Back from the Dead
The plaintiffs in Juliana v. United States are seeking Supreme Court intervention to revive their case against the federal government.
SCOTUS Stays Enforcement of EPA's "Good Neighbor" Air Pollution Rule (Updated)
In a 5-4 decision, the male justices side with the state and industry challengers and the female justices side with the Environmental Protection Agency
It's Time To Reform Environmental Litigation
Thanks to the lengthy approval process and special interests surrounding environmental review, it takes far longer to build anything in the United States than in other developed countries.
Is the Clean Water Act Enforced Less Stringently in Battleground States?
A new study suggests political considerations may influence the enforcement of federal environmental law.
Will This Bill Save or Scuttle California's Builder's Remedy?
Plus: Sen. John Fetterman introduces a new zoning reform bill, U.C. Berkeley finally beats the NIMBYs in court, and Austin's unwise "equity overlay."
Did Environmental Groups Drop Challenges to SEC Climate Disclosure Rule Because They Lost the Lottery?
Green groups dropped their suits after the various challenges to the SEC's climate disclosure rule were consolidated in a fairly conservative circuit.
District Court Dismisses Genesis B. Kids Climate Suit Against the EPA
The district court recognizes that the plaintiffs lack standing, but grants them leave to amend.
Are State Law Climate Change Tort Suits Preempted by Federal Law?
A recent panel discussion on whether state and local suits against fossil fuel producers are preempted by federal law (and my arguments for why the answer is "no, they are not").
Ninth Circuit Puts An End to the Kids Climate Case
A unanimous panel orders dismissal of Juliana v. United States, bringing this zombie litigation to a close.
Tarnished Gold: The Endangered Species Act at 50
My article surveying the effectiveness of the ESA is now in print as part of an FIU symposium.
The SEC Conscripts Corporate America in Its New Climate Change Fight
The new reporting rules will force companies to disclose whether they are prioritizing climate change concerns.
DOJ Files Petition for Writ of Mandamus to End Juliana Climate Litigation
The Justice Department is wasting no time seeking to put this zombie litigation out of its misery, and the plaintiffs are not happy about it.
Portland Requires Homeowners Get Permits To Remove Trees Knocked on Their Homes by Winter Storm
In some cases, the city is also requiring homeowners to pay to replace trees that squashed their houses.
Justice Department to Seek Mandamus to End Juliana Litigation (Again)
Will Judge Aiken finally accede to the law and allow this particular climate case to end?
The Strange Disappearance of the Tumamoc Globeberry (Updated)
The Fish and Wildlife Service inexplicably removes a species from its tally of species "delisted" under the Endangered Species Act.
Supreme Court Takes a Pass on Minnesota Climate Change Case
Only one justice indicated any interest in premature consideration of state-law climate change lawsuits.
Teacher's Union Sues to Stop New York Congestion Pricing Plan
The United Federation of Teachers argues that the near-5,000 page environmental report on New York's congestion pricing plan isn't thorough enough.
Federal Court Again Refuses to Dismiss Juliana Climate Case
Judge Aiken's reckless defiance of legal rules is turning the "Kids Climate Case" into a zombie climate case.
The Endangered Species Act at 50: Still Not Recovering Species After All These Years
Claims of the Act's success at recovering imperiled species are vastly overstated, especially on private land.
William Barr Responds on American Petroleum Institute v. Minnesota
The former Attorney General disagrees with me on whether state and local government climate change lawsuits belong in federal court.
