Grist | Topics | 152 Results

RESULTS		Results 126 – 150 of 152
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Headline	Author	Published	Section
American automakers: The power of can't What a bunch of whiners	David Roberts	16 Apr 2007	Gristmill
So, remember that lawsuit by the automakers against states implementing California's clean air standards? The one I said might be dismissed, um, several weeks ago? Breaking: it wasn't dismissed! In fact, the trial is rolling along, and the whiny-ass-titty-baby automakers are in court right now arguing that they don't have the smarts, money, or time to boost their fuel efficiency, and anyway, American consumers demand big, inefficient cars. Why, they won't accept anyth ...
Topics: cars, energy, green living, litigation, politics (all these topics)

Breaking: Automaker suit against Calif. greenhouse-gas regulations may be dismissed as early as tomorrow afternoon You heard it here first	David Roberts	03 Apr 2007	Gristmill
The lawsuit filed by automakers against states that have adopted California's greenhouse-gas restrictions on vehicles may be dismissed as early as tomorrow (Wed.) afternoon. When the Supreme Court ruling in Mass. vs. EPA was announced, the judge handling the automakers' lawsuit -- Judge William K. Sessions III of the U.S. District Court of Vermont -- summoned the lawyers in the case to his chambers for a discussion in light of the ruling. Check out the court's sched ...
Topics: green living, cars, politics, litigation, California (all these topics)

I do not think it means what you think it means	David Roberts	03 Apr 2007	Gristmill
President Bush "said he took climate change very seriously Tuesday, a day after the US Supreme Court ruled the government must regulate greenhouse gases." In other news, President Bush "said on Tuesday he planned no new action to impose caps on greenhouse gases blamed for global warming."
Topics: George Bush, climate, climate change mitigation, greenhouse-gas emissions, litigation, politics (all these topics)

What does the Massachusetts case mean? Some musings and analysis	Justin Pidot	03 Apr 2007	Gristmill
The discussion of Massachusetts v. EPA is well underway thanks to David's summary of the action. I'm going to provide some thoughts about each of the three issues involved in the case, as well as some of the possible implications. The outcome of Mass. v. EPA boils down to one thing: the Supreme Court has ordered EPA to think again. While that may not sound like much, in the world of administrative law, it is a total rout for the Bush administration. While the ou ...
Topics: litigation, Massachusetts, US EPA (all these topics)

Bush administration vs. everyone else More on Supreme Court decision	Joseph Romm	03 Apr 2007	Gristmill
In November, the issue of EPA's refusal to regulate greenhouse gas emissions went before the Supreme Court. Yesterday, the decision (PDF) was announced -- 5-4 in favor of Massachusetts, meaning that the EPA does have the authority and responsibility to regulate carbon dioxide as a pollutant. In short, the time to act is now! In the chutzpah department, EPA actually tried to argue that 1) 'any EPA regulation of motor-vehicle emission' was a 'piecemeal approach to cli ...
Topics: litigation, politics, US EPA (all these topics)

White House responds to SCOTUS case So much BS in so few words!	David Roberts	02 Apr 2007	Gristmill
Here's a bit on the Supreme Court case from a White House briefing today. Marvel, if you will, at the sheer amount of dishonesty and misdirection packed into these few short paragraphs. Virtually every sentence, every word, needs unpacking. It's always been a talent of this White House to use a kind of shock-and-awe bullshitting strategy: lying so much and so fast that it simply overwhelms the ability of critics to keep up. I dearly hope that strategy goes down in f ...
Topics: jackassery, litigation, politics, US EPA (all these topics)

Breaking: Supreme Court rules against Bush admin. in global warming case This is a game changer	David Roberts	02 Apr 2007	Gristmill
Word just came down that the Supreme Court has ruled against the Bush administration in the landmark global warming case of Massachusetts v. EPA. The ruling was 5-4, with conservatives dissenting and the crucial vote of Anthony Kennedy going with the ... non-conservatives. Background on the case here, here, here, and here. The court addressed three questions: Do states and environmental groups have standing to sue EPA? (To show legal standing, states had to show ...
Topics: climate, climate change mitigation, litigation, politics, US EPA (all these topics)

Saying 'no' to secrecy Judge refuses request for a closed courtroom in global warming case	Justin Pidot	27 Mar 2007	Gristmill
You may have heard about efforts by the motor vehicle industry to invalidate state laws restricting greenhouse gas emissions from cars and trucks. California crafted a rule, other states adopted it, and the industry filed suit. It's a legal argument that stretches back to 2005. And with three active cases -- in California, Rhode Island, and Vermont -- it's not going away soon. In a dramatic new twist, the industry asked the court in the Vermont case to hold most o ...
Topics: cars, climate, climate change mitigation, litigation, politics (all these topics)

Is the government a criminal syndicate? The Supreme Court considers an extortion suit against federal land managers	Justin Pidot	22 Mar 2007	Gristmill
The Supreme Court heard argument in a curious case this week. No, I'm not talking about the celebrated 'Bong Hits for Jesus' case. The second case on Monday's docket involved an Alabaman turned Wyoming rancher claiming that government bureaucrats had engaged in extortion by enforcing the letter of the law. An appellate court in Denver, Colo., ruled that Harvey Frank Robbins (the rancher) could sue Charles Wilkie and other Bureau of Land Management employees under the ...
Topics: Bureau of Land Management, litigation, placemaking, public lands (all these topics)

Supreme Court to examine Endangered Species Act Justices agree to hear Defenders of Wildlife case	Justin Pidot	09 Jan 2007	Gristmill
Environmental law appears to be a hot commodity in the Roberts Court. While the justices continue to deliberate about global warming, they agreed (PDF) on Friday to add another hot-button environmental issue to their agenda: the Endangered Species Act. Setting the Stage The case, Defenders of Wildlife v. EPA, also implicates the Clean Water Act (CWA). Under the CWA, a would-be polluter needs to get a permit before it discharges into our nation's waters. The CWA r ...
Topics: endangered species, litigation, wildlife (all these topics)

Standing in the face of global warming Do federal courts have jurisdiction in Massachusetts v. EPA?	Justin Pidot	07 Dec 2006	Gristmill
As the court-watchers (or even dabblers) amongst you are aware, the justices of the U.S. Supreme Court seemed preoccupied with the issue of standing during the recent oral argument in Massachusetts v. EPA. This debate has echoed in the blogosphere. Jonathan Adler argues, both on Volokh Conspiracy (it's a bit buried) and in an amicus brief (PDF), that global warming causes nonjusticiable, generalized injuries. Grist's own David Roberts questions whether a co ...
Topics: climate, litigation, Massachusetts, US EPA (all these topics)

The climate change insurgency The drum beat is bringing the public around	Andrew Dessler	04 Dec 2006	Gristmill
When discussing the recent Supreme Court case, those opposed to action on climate change often use the argument that the court should rule against Mass. et al. because these kinds of legal challenges are end runs around the legislative process. Rather, they argue, it is the president and Congress that should be taking up this issue. Duh. We all agree on this. However, Congress and the president have done nothing on this issue. Into this vacuum of leadership, a ...
Topics: climate, litigation, politics (all these topics)

The 'uncertainty' agenda Why I'm disappointed with yesterday's Supreme Court hearings	Andrew Dessler	30 Nov 2006	Gristmill
I was quite disappointed to see 'uncertainty' front-and-center in the arguments yesterday by the EPA lawyer before the Supreme Court:... now is not the time to exercise such authority, in light of the substantial scientific uncertainty surrounding global climate change and the ongoing studies designed to address those uncertainties.I thought I'd detected a shift by those opposed to action away from this argument and toward economic and fairness arguments. I guess when ...
Topics: litigation, US EPA (all these topics)

Oral argument in Mass v. EPA The justices speak	Justin Pidot	29 Nov 2006	Gristmill
David highlights a few of the difficult and interesting questions facing the Court in Massachusetts v. EPA, which as you all probably know was argued this morning. I wanted to provide a few thoughts about the argument, gleaned from my seat in the courtroom's last row, reading the transcript (PDF), and watching a fantastic panel at the Georgetown Law School discussing the argument. (You can see a webcast of the panel here.) The justices were very engaged this morni ...
Topics: litigation, Massachusetts, US EPA (all these topics)

Why the Supreme Court case is not a really big deal One way or the other, we're waiting for the next administration	Andrew Dessler	27 Nov 2006	Gristmill
If the Supreme Court rules that CO2 does not have to be regulated, it will give the present administration cover to do nothing for two more years. However, most serious candidates for president support action to curb greenhouse-gas emissions, so regardless, I suspect you'll see action in the next administration.If the Supreme Court rules that CO2 can be regulated, the administration will ... do nothing for two more years. But again, the next president will likely take ...
Topics: climate, greenhouse-gas emissions, litigation (all these topics)

One week until global warming's Supreme Court debut The line-up of legal issues	Justin Pidot	22 Nov 2006	Gristmill
Lawyers and Supreme Court commentators hardly seem the type to camp out for tickets. But that's precisely what a line of expectant court-watchers will be doing one week from today -- braving early morning Capitol Hill in hopes of gaining entrance to oral argument in Massachusetts v. EPA. Like a pre-game sportscast, today's post will attempt to give a flavor for points of contention -- in this case, the legal issues before the court. It won't be exhaustive. If you're ...
Topics: climate, litigation, Massachusetts, US EPA (all these topics)

Making the government own up to its contribution to global warming Climate change lawsuits under NEPA	Justin Pidot	14 Nov 2006	Gristmill
As I mentioned in a post last week, frustration with the political process has led many global warming advocates to turn to the courts. While I'm skeptical that the judiciary can solve the problem, it may be an important part of the solution. While the Massachusetts case has dominated public attention to global warming litigation, it is only one of more than a dozen active cases seeking courts intervention. As outlined in a recent report by the Georgetown Environme ...
Topics: climate, litigation, politics (all these topics)

Where politicians fail, can judges succeed? Global warming in the Supreme Court	Justin Pidot	07 Nov 2006	Gristmill
It's the first Tuesday in November. Election Day. As in years past, today I am a patriot. I feel hopeful that democracy will bring out the best in this nation's citizens and that tomorrow (or late tonight, huddled in front of my low-quality TV) I will witness political change and renew my belief that our politicians will pave (or plant) the way to a better future. When I think about tomorrow's leaders, I hope (almost desperately) they will have the courage to tackle ...
Topics: climate, elections, litigation, politics (all these topics)

And They're Off! Bush's climate plan will kick-start a new era of bargaining over the planet's future	Bill McKibben	21 Sep 2006	Soapbox
On your mark ... Get set ... Go? Photo: iStockphoto And so the bargaining has begun. After almost two decades of inaction, at long last America seems ready to start considering some kind of action to address global warming. With states setting conflicting standards, with the scientists announcing weekly updates on the speed and size of the approaching cataclysm, w ...
Topics: Bill McKibben, climate, legislation, litigation, politics (all these topics)

Thumbs on the Scales of Justice Bush-appointed judges rule against environmental regs more often than others, report finds	Amanda Griscom Little	14 Oct 2004	Muckraker
Bush speaks his mind at the second debate. Photo: Joe Angeles/WUSTL. President Bush's remarks about Supreme Court appointees during the debate last Friday left many Americans scratching their heads, what with his perplexing reference to the 1857 Dred Scott slavery case (a coded wink to pro-life factions, as it turns out) and some classic ...
Topics: litigation, Muckraker, politics (all these topics)

Public Nuisance No. 1 A bold lawsuit may have utilities reconsidering their fight against regs	Amanda Griscom	30 Jul 2004	Muckraker
A coal-fired power plant. Photo: U.S. Geological Survey. It may have sounded like the understatement of the year when a lawsuit was filed last week against five major U.S. energy companies, alleged to be among the biggest global-warming culprits in the nation, on the legal grounds that they're causing a "public nuisance." In reality it may have been one of the ...
Topics: business, climate, energy, greenhouse-gas emissions, litigation, Muckraker, politics (all these topics)

Premature Ululation Reports of pending EPA enforcement actions are, shall we say, premature	Amanda Griscom	20 Jul 2004	Muckraker
Is this power plant in trouble? Nah. Photo: USGS. What's this on the wires? The U.S. EPA is gearing up to prosecute a new batch of new-source review (NSR) cases against polluting power plants? Could it be that the Bushies have suddenly taken a keen interest in enforcing a Clean Air Act rule that they have gone to great lengths to weaken? Not really. The story goes like ...
Topics: air pollution, business, litigation, Muckraker, politics, US EPA (all these topics)

Duck Blind Scalia denies bias in Cheney case, but enviros say he looks as guilty as ever	Amanda Griscom	23 Mar 2004	Muckraker
Back on the Cheney gang. According to Sierra Club lawyers, Vice President Dick Cheney has been exceeding the recommended dosage of political Viagra. Last year, they sued him for metaphorically bedding the energy executives whom critics charge all but wrote the Bush administration's energy policy. Now they say he's been romancing Supreme Court Justice Antonin Scalia, who will ...
Topics: litigation, Muckraker, politics, Sierra Club (all these topics)

Yakama Yack: Do Talk Back		06 Jun 2003	Daily Grist
Yakama Yack: Do Talk Back The Yakama Nation has filed notice of its intent to sue the U.S. Department of Energy over its alleged failure to protect the Columbia River from contamination by the Hanford nuclear reservation. Thanks to four decades of plutonium production, Hanford is the most contaminated nuclear site in the country; ...
Topics: Columbia River, Department of Energy, litigation, news, toxics, Washington, water bodies and marine life, water pollution (all these topics)

The Endangered Endangered Species Act		29 May 2003	Daily Grist
The Endangered Endangered Species Act The federal Endangered Species Act is so cash-strapped that it is effectively "broken," the Interior Department announced yesterday. The U.S. Fish and Wildlife Service blamed the financial trouble on the act's "critical habitat" provision, which requires federal agencies to consult wit ...
Topics: Department of Interior, endangered species, litigation, news, politics, US Fish and Wildlife Service, wildlife (all these topics)

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