Court rebuffs environmentalists’ attempts to dictate national global warming policy

A federal court in D.C. just threw out a case in which extreme environmentalists tried to force the United States to take immediate steps to curb carbon dioxide emissions to permanently reverse global warming.  Fearing the federal government would not adequately … Continue reading

Cal Supremes take up important CEQA case

Last week, the California Supreme Court granted review in Berkeley Hillside Preservation v. City of Berkeley.  The case concerns the scope of the single-family residence “categorical exemption” under the California Environmental Quality Act (CEQA).  Pursuant to CEQA, an environmental impact report … Continue reading

Reexamining the doctrine of unconstitutional conditions

Tomorrow, I will be speaking at the annual LSI Regulatory Takings conference about the doctrine of unconstitutional conditions.  This doctrine holds that the government cannot condition the provision of a discretionary benefit (e.g., a permit, license, grant, contract, etc.) upon … Continue reading

The Supreme Court should overrule Grutter

Today, Pacific Legal Foundation filed its brief in the Supreme Court in Fisher v. University of Texas. As you know, PLF has been heavily involved in Fisher for almost three years. We did a video on the case.  I authored … Continue reading

EPA may provide regulatory relief to forest road owners

Yesterday, the EPA announced its intent to amend its Clean Water Act stormwater regulations governing runoff from forest roads and other silvicultural activities.  EPA’s action is the result of the Ninth Circuit’s decision in Northwest Environmental Defense Center v. Brown, … Continue reading

Quote of the day: Abigail Therstrom

From her interview with the Wall Street Journal: After the passage in 1996 of California’s Proposition 209, which banned the use of race and ethnicity in public university admissions in that state, “the system as a whole did not lose … Continue reading