Legal Planet
SEPTEMBER 13, 2023
Circuit hears three cases challenging use of federal regulations to push adoption of electric vehicles and to allow California to forge path toward zero-emission cars. The government has a fair chance of winning these claims. My guess that the court will rule for the government is mostly driven by my respect for her legal savvy.
Legal Planet
MARCH 27, 2023
EPA isn’t a college and doesn’t regulate with the goal of increasing diversity. But depending on how far the conservative majority goes in its opinions, a color-blindness mandate would impact EPA. The more difficult question is posed by a regulation that does not itself refer to race but is partly based on considerations of race.
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Legal Planet
JANUARY 13, 2022
Today, the Court’s conservative Justices split the difference in two cases involving vaccine mandates, striking down OSHA’s mandate but upholding a more limited mandate for healthcare workers. Today, however, I’m going to focus instead on the conservative split and what it might mean for environmental law.
Legal Planet
JANUARY 18, 2024
The government’s efforts to control methane have followed a complicated path, involving three different congressional actions: section 111 of the Clean Air Act, which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions.
Legal Planet
MAY 26, 2022
There is continuing conservative support for climate action. The British government is firmly in the grip of the Conservative Party. And yet, the UK remains firmly committed to climate action, in a way that would be unthinkable for American conservatives. Not so much here, of course, but in the UK. Download as PDF.
Law and Environment
JULY 12, 2021
Last week, Judge Yvonne Gonzalez Rogers ruled that the Berkeley ordinance essentially banning use of natural gas in new construction was not preempted by the Energy Policy and Conservation Act. Moreover, all of these moves were based on the exercise of traditional police powers by local governments. Check and check.
Enviromental Defense
FEBRUARY 22, 2024
The proposed changes demonstrate the Government of Ontario’s persistence in prioritizing harmful projects over protection of even the very rarest of species and ecosystems. The MECP’s proposal makes clear that the Ontario government cares little about the unpayable costs of biodiversity loss.
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