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Power Play: The Effects of Overruling Chevron
Next week, the Supreme Court will hear oral arguments about whether to overrule the Chevron doctrine. That doctrine allows administrative agencies that implement statutes to resolve ambiguities in...
View ArticleThe New Particulate Standard and the Courts
EPA has just issued a rule tightening the air quality standard for PM2.5 — the tiny particles most dangerous to health — from an annual average of 12 μg/m³ (micrograms per cubic meter) down to 9...
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Recentering Environmental Law: A Thought Experiment
In 1965, scientists sent LBJ a memo mentioning the risks of climate change. Imagine if history had been a little different. Suppose it had been this memo and a follow-up report, rather than Rachel...
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Chevron Gets the Headlines, But State Farm May Be More Important
The Chevron doctrine requires judges to defer to an agency’s interpretation of a statute if that interpretation is reasonable. The State Farm case, which is much less widely known, requires courts to...
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U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use...
El Dorado County Property Owner George Sheets in Front of His Home (credit: Fox News) On April 12th, the U.S. Supreme Court revisited a constitutional doctrine near and dear to its institutional heart:...
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Five Myths and Half-Truths About California Cap and Trade
A key part of California’s climate policy has always been its cap and trade system. Because the regulations aren’t very transparent, there have been a lot of misconceptions about the system. I’ve been...
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Filling in the Picture: The Latest From Kennedy about Climate
I did a post on Thursday flagging some “unanswered questions” about RFK, Jr. and climate change. I had no intention of ever posting about his campaign again, let alone this soon. But by a wild...
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Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule
Is EPA’s new climate rule a sneaky effort to eliminate coal or a valid pollution standard? Some new arguments made by EPA convince me that it’s pursuing a time-tested approach to pollution control....
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Judicial Deference to Agencies: A Timeline
The Supreme Court is currently considering whether to overrule the Chevron doctrine. Chevron requires courts to defer to an agency’s reasonable interpretation of an ambiguous statute. We should know...
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30 Major Climate Initiatives Under Biden
In his four years in office, Donald Trump rolled back essentially every existing federal policy to limit climate change. The picture under the Biden Administration has been a dramatic reversal,...
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Florida Governor DeSantis’ Head-In-The-Sand Climate Change Policies
(credit: PBI Actuarial Consultants) Florida Governor Ron DeSantis, in coordination with an equally myopic and partisan Florida Legislature, has approved new state legislation (HB 1645) that eliminates...
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Why a Bird in the Hand is Worth Two in the Bush — Especially When the Issue...
It’s an ancient dispute: Should we compromise on half-measures, or hold out until we can get something a lot better? Idealists argue for holding out. Pragmatist argue that half a loaf is better than...
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A Brazen California Water Heist Revealed, Prosecuted & Punished
Former Panoche Drainage District Manager & Convicted Water Thief Dennis Falaschi (credit: Fresno Bee) Recently, former Panoche Drainage District general manager Dennis Falaschi pled guilty in...
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Hypothetically Speaking: What if Trump Had Won in 2020?
Elections do matter. We need to look no further back than the last presidential election to confirm this. If Trump, rather than Biden had won, the impact on climate and energy policy would have been...
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Reforming California’s Financial Penalties for Water Theft Will Create an...
Shasta River Water Association president & illegal water diverter Jim Scala (credit: Sacramento Bee) In a Legal Planet Post earlier this week, I recounted the saga of how federal prosecutors...
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The “Silver Bullet” Required to Improve California’s Water Rights System:...
Streamgaging Network (credit: USGS.gov) 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...
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Is the Sky Falling? Chevron, Loper Bright, and Judicial Deference
If you’re confused about the Supreme Court’s ruling, you’re not alone. Scholars will be discussing the recent ruling for years. It clearly will limit the leeway that agencies have to interpret...
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California can help meet its climate goals by removing SERP’s sunset date
Many regulatory clearances like permits aim to guard against projects that pose harm to the environment. However, permitting can also undercut environmental restoration efforts. While restoration is...
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Is 2025 the Year of the Carbon Tax?
There’s a big, important tax debate looming next year—one with opportunities and risks for climate policy, particularly the idea of a carbon tax. It can be hard to see this debate thanks to the daily...
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Judicial Deference to Agencies: A Timeline
The Supreme Court is currently considering whether to overrule the Chevron doctrine. Chevron requires courts to defer to an agency’s reasonable interpretation of an ambiguous statute. We should know...
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