Ted Hadzi-Antich’s oral argument: Friends of Tahoe v. U.S.D.A.

On Monday of this week, I presented at oral argument at the 9th Circuit in our challenge to the Forest Service’s closure of over 90% of the historical user-created motorized routes in Tahoe National Forest.  The Forest Service closed the routes without … Continue reading

Supreme Court stays EPA Clean Power Plan

In a 5-4 decision, the United States Supreme Court today granted applications to stay EPA’s Clean Power Plan, pending resolution of multiple challenges filed by about half of the states and dozens of private parties in the D.C. Circuit, where the court of … Continue reading

Ted Hadzi-Antich’s upcoming oral argument: Don’t lock us out of Tahoe National Forest

On Monday, February 8, 2016, at 1:30 p.m., Pacific, I’ll be presenting at oral argument before the 9th Circuit in support of our challenge to the closure of over 90% of the user-created motorized travel routes in Tahoe National Forest.  The … Continue reading

Clean power plan update

In an events-filled blogging day, here’s another important development.  The D.C. Circuit denied motions by numerous state and private party petitioners to stay the Clean Power Plan pending resolution of the legal challenges.  At the same time, the court granted motions for expedited … Continue reading

Venue victory in CARB waiver case

In an order issued today, the D.C. Circuit agreed with our argument that Dalton Trucking v. EPA should be argued in the 9th Circuit and not in the D.C. Circuit.  The case involves our challenge to EPA’s grant of waiver from … Continue reading

Separation, delegation and deference

Ever since the Supreme Court’s 1984 decision in Chevron v. NRDC, federal administrative agencies tasked with implementing statutes have been given broad discretion to determine the scope of ambiguous statutory terms.  As a result, agencies have sought to maximize their powers whenever Congress uses an even arguably … Continue reading

California cap-and-trade spending frenzy

As the holidays approach, California is siphoning billions of dollars in auction revenue proceeds generated under CARB’s cap-and-trade program governing greenhouse gas emissions for purposes that are unrelated to greenhouse gas emissions.  Fast speed rail, disadvantaged communities (identified by zip codes), natural … Continue reading

Administrative records – too much and not enough

If you thought 23,000 pages would be sufficient to document a federal government action closing roads and trails in a national forest, you’d be wrong.  That’s the number of pages it took the Forest Service to “summarize” its action to close routes in California’s Plumas National Forest to off-roaders.  Most … Continue reading

Clean Power Plan rumble

So far, twenty-five states and political subdivisions have challenged EPA’s Clean Power Plan, which requires existing and new power plants nationwide to favor wind and solar resources over coal and natural gas when generating electricity.  In addition, dozens of private companies, … Continue reading

Ted Hadzi-Antich at oral argument in D. C. Circuit

Monday of this week, I argued that EPA’s decision allowing California to enforce its statewide controls over emissions of particulate matter and nitrogen oxides from tractors and other nonroad diesel vehicles should be vacated by the D.C. Circuit.  The federal … Continue reading