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Tag: greenhouse gas

December 20, 2017

Fed Soc teleforum on “the right to a better climate”

Last week's teleforum focused principally on the recent oral argument before the Ninth Circuit addressing the federal government's mandamus petition, which requests that the appellate court put an immediate stop to the litigation. ...

July 15, 2017

Weekly litigation report — July 15, 2017

PLF asks Supreme Court to protect plaintiffs' right to raise takings claims in federal courts when government steals Complaint filed against Marin County forced farming law Mandatory housing shakedown fees before the Supreme Court Getting union tentacles out of worker paychecks Phantom frogs and critical regulations PLF files appeal to guarantee p ...

May 17, 2017

PLF appeals cap and trade auction ruling to California Supreme Court

Yesterday, on behalf of our clients in Morning Star Packing Company v. California Air Resources Board, we filed our Petition for Review in the California Supreme Court, asking the state high court to review and reverse the court of appeal’s decision that the billions of dollars that companies like Morning Star Packing Co must pay ...

June 17, 2016

Weekly litigation report — June 17, 2016

Property rights — limits on the public trust doctrine The Washington state court of appeals issued this opinion on the “public trust doctrine” in Chelan Basin Conservancy v. GBI Holdings.  The facts here involved a lake that had been raised 21 feet by a dam in the 1920s. GBI owned several acres of land that periodically flooded ...

June 02, 2016

President's weekly report — June 3, 2016

Supreme Court Victory! The Supreme Court gave Pacific Legal Foundation a resounding victory on Monday in United States Army Corps of Engineers v. Hawkes. The unanimous Court held that a Corps of Engineers' Jurisdictional Determination (i.e. wetlands delineation) is immediately reviewable in court and subject to challenge. For the first time since t ...

June 26, 2015

President's weekly report — June 26, 2015

The physical invasion of the raisin snatchers — a property rights victory at the Supreme Court  In a week marked by several major Supreme Court decisions that were quite disappointing to advocates of limited government and the rule of law, there was one very bright spot: this decision in Horne v. United States Department of Agriculture. T ...

January 23, 2015

Like a good neighbor…

In 2007, Minnesota passed a law to regulate emissions from power plants. But, because the increased costs of complying with this law would lead to more of the electricity consumed in the state to be generated elsewhere, Minnesota asserted the authority to regulate beyond its own borders. This week, PLF and the NFIB Small Business ...

December 15, 2014

California gasoline rationing begins January 1

You read that correctly. Today, California motorists have the right to buy as much gasoline as they want, and fuel companies have the right to sell as much as they can supply, at prices agreeable to both. But in the New Year, California will limit sales of gasoline, diesel, and natural gas and propane for business and ...

June 23, 2014

Partial victory in Supreme Court greenhouse gas decision

Today the United States Supreme Court decided a very important case with implications for the nation's economy and for the rule of law. In Utility Air Regulatory Group v. EPA, the Court held that EPA violated the Clean Air Act by asserting authority to regulate greenhouse gas emissions from millions of apartment houses, office buildings, malls, ...

June 19, 2014

Coal power plants and the ESA

Yesterday, EPA published in the Federal Register its proposed rule for reducing greenhouse gas emissions from existing coal-fired power plants.  The rule has already garnered much criticism from industry, in particular for its reliance on a variety of “outside the fence” measures for reducing emissions from the existing power plants.  ...