Articles Tagged with Natural Resources

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We previously shared with you the critical role that the late Justice Antonin Scalia played in landmark Supreme Court land use decisions. So now let’s look at how Judge Merrick Garland, President Obama’s current nominee for Justice Scalia’s seat, might shift the ideological leanings of the Court on environmental issues, if confirmed.

President Obama Introduces Judge Garland

President Obama Introduces Judge Garland

Although leading experts are still analyzing Garland’s past opinions to discern his potential influence on future Supreme Court environmental law decisions, there appears to be universal agreement that Garland’s addition would make the Court more likely to defer to agencies’ regulatory interpretations, rulemakings, and rule implementation. In particular, those legal analysts have found consistent deference to actions of the Environmental Protection Agency. As SCOTUSblog noted in 2010, “Judge Garland has in a number of cases favored contested EPA regulations and actions when challenged by industry, and in other cases he has accepted challenges brought by environmental groups.” Indeed, according to Bloomberg, one third of Garland’s dissents have been over challenges to agency decision-making. In all of those dissents, Garland sided with the agency.

UCLA Law Professor Ann Carlson analyzed three important Garland decisions, two majority opinions and one dissent. From these opinions, Professor Carlson deduced that Garland is likely to afford great respect to EPA’s judgment where that judgment is grounded in good science and the public interest. Carlson expects Garland to be likely to defer to the EPA or, where he rules against the EPA, to side with environmentalists on the grounds that the EPA has not gone far enough to enforce the law. Continue reading →

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California’s severe drought has set off alarms from the Capitol to the sound stages of Hollywood. The Governor has declared a State of Emergency and both Lady Gaga and Conan O’Brien have starred in “Save Our Water” public service announcements to promote water conservation measures. On the more impactful legislative front, the California Legislature has passed three pieces of legislation that together make up the “Sustainable Groundwater Management Act.” This new regulatory program may have significant land use implications, particularly in the case of general plan amendments, as it potentially adds a new layer of review to the entitlement process.

Before this Act, regulation of groundwater pumping in California was virtually non-existent, with no meaningful statewide standards for groundwater management. This Act creates new standards and, in the process, merges groundwater management and local planning. Before a city or county can adopt any substantial amendment of its general plan, it will be required to review and consider applicable Groundwater Sustainability Plans. These Groundwater Sustainability Plans will be prepared by newly-established local “Groundwater Sustainability Agencies,” comprised of one or more local agencies. Not only must the city or county consider the applicable Plan, it also must refer the proposed general plan amendment for review and comment to the Groundwater Sustainability Agency. Continue reading →