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.  … ›

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 … ›

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 … ›

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” … ›

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 … ›

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 … ›

Update on PLF's challenge to California's cap-and-trade regulation

The briefing in our lawsuit challenging the auction component of CARB’s cap-and-trade regulation has been completed for many months, but the California Court of Appeal, Third District, has yet to … ›

Climate Emperor Brown of California and the defeat of SB 32

Last week, the California Legislature resoundingly rejected Governor’s Brown’s efforts to cut carbon dioxide emissions beyond the levels required by AB 32, which requires California to reduce emissions in the … ›

EPA meatheads: Dead from the neck up

What else can one say about the authors of the so-called Clean Power Plan?  On August 3, 2015, EPA promulgated a sweeping new regulatory scheme to control virtually all aspects of … ›

Brand Logo for the blog page

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.  … ›

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 … ›

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 … ›

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” … ›

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 … ›

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 … ›

Update on PLF's challenge to California's cap-and-trade regulation

The briefing in our lawsuit challenging the auction component of CARB’s cap-and-trade regulation has been completed for many months, but the California Court of Appeal, Third District, has yet to … ›

Climate Emperor Brown of California and the defeat of SB 32

Last week, the California Legislature resoundingly rejected Governor’s Brown’s efforts to cut carbon dioxide emissions beyond the levels required by AB 32, which requires California to reduce emissions in the … ›

EPA meatheads: Dead from the neck up

What else can one say about the authors of the so-called Clean Power Plan?  On August 3, 2015, EPA promulgated a sweeping new regulatory scheme to control virtually all aspects of … ›

The Morning Docket

Stay up to date with the Morning Docket, a weekly highlight of PLF's best articles, videos, and podcasts.

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.  … ›

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 … ›

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 … ›

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” … ›

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 … ›

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 … ›

Update on PLF's challenge to California's cap-and-trade regulation

The briefing in our lawsuit challenging the auction component of CARB’s cap-and-trade regulation has been completed for many months, but the California Court of Appeal, Third District, has yet to … ›

Climate Emperor Brown of California and the defeat of SB 32

Last week, the California Legislature resoundingly rejected Governor’s Brown’s efforts to cut carbon dioxide emissions beyond the levels required by AB 32, which requires California to reduce emissions in the … ›

EPA meatheads: Dead from the neck up

What else can one say about the authors of the so-called Clean Power Plan?  On August 3, 2015, EPA promulgated a sweeping new regulatory scheme to control virtually all aspects of … ›

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.  … ›

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 … ›

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 … ›

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” … ›

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 … ›

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 … ›

Update on PLF's challenge to California's cap-and-trade regulation

The briefing in our lawsuit challenging the auction component of CARB’s cap-and-trade regulation has been completed for many months, but the California Court of Appeal, Third District, has yet to … ›

Climate Emperor Brown of California and the defeat of SB 32

Last week, the California Legislature resoundingly rejected Governor’s Brown’s efforts to cut carbon dioxide emissions beyond the levels required by AB 32, which requires California to reduce emissions in the … ›

EPA meatheads: Dead from the neck up

What else can one say about the authors of the so-called Clean Power Plan?  On August 3, 2015, EPA promulgated a sweeping new regulatory scheme to control virtually all aspects of … ›