On the Sacketts and S.B. 8
Governments should not design laws and regulations to frustrate judicial review.
Environmental Law
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."
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.
