Professor of Environmental Practice

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Presentation transcript:

Professor of Environmental Practice The Role of Courts and Litigation in Fashioning California’s Environmental Policy Richard M. Frank Professor of Environmental Practice UC Davis School of Law UC Center Sacramento March 6, 2014

California Environmental Quality Act (CEQA)

Friends of Mammoth v. Board of Supervisors (1972) 8 Cal.3d 247

Laurel Heights Improvement Ass’n v Laurel Heights Improvement Ass’n v. University of California (1988) 47 Cal.3d 376

Communities for a Better Env’t v. South Coast Air Mgmt. Dist Communities for a Better Env’t v. South Coast Air Mgmt. Dist. (2010) 48 Cal.4th 310

Neighbors for Smart Rail v. Exposition Metro Line Construction Auth Neighbors for Smart Rail v. Exposition Metro Line Construction Auth. (2013) 57 Cal.4th 439

Public Trust Doctrine

Marks v. Whitney (1971) 6 Cal.3d 251

National Audubon Society v. Superior Court (1983) 33 Cal.3d 419

National Audubon Society v. Superior Court (1983) 33 Cal.3d 419

State of California v. Superior Court (Lyon) (1981) 29 Cal.3d 210

Climate Change

Massachusetts v. EPA (2007) 549 U.S. 497

American Electric Power v. Connecticut (2011) 131 S.Ct. 2527

Rocky Mountain Farmers Union v. Corey (9th Cir. 2013) 730 F.3d 1070

California Chamber of Commerce v. CARB (Sacramento Sup. Ct. Dec California Chamber of Commerce v. CARB (Sacramento Sup. Ct. Dec. 20, 2013) No. 34-2013-80001464

California Building Industry Association v California Building Industry Association v. Bay Area Air Quality Management District (2013) 218 Cal.App.4th 1171

California Coastal Act

Gualala Festival Committee v. Cal. Coastal Commission (2010) 183 Cal Gualala Festival Committee v. Cal. Coastal Commission (2010) 183 Cal.App.4th 60

Proposition 65 (Safe Drinking Water & Toxic Enforcement Act of 1986)

People ex rel. Lungren v. Superior Court (1996) 14 Cal. 4th 294

Consumer Defense Group v. Shell Oil 2006 WL 2513000 (Cal. Ct. App Consumer Defense Group v. Shell Oil 2006 WL 2513000 (Cal. Ct. App.4th Aug. 31, 2006)

Property Rights/ Takings Clause Challenges

Nollan v. California Coastal Commission (1987) 483 U.S. 825

First English Evangelical Lutheran Church of Glendale v First English Evangelical Lutheran Church of Glendale v. County of Los Angeles (1987) 482 U.S. 304

Kelo v. City of New London (2005) 545 U.S. 469

People ex rel. Younger v. Cnty. of El Dorado (1971) 5 Cal. 3d 480

People of State of Cal. , ex rel. Van de Kamp v. TRPA (9th Cir People of State of Cal., ex rel. Van de Kamp v. TRPA (9th Cir. 1985) 766 F.2d 1308

Tahoe Sierra Preservation Council v. TRPA (2002) 535 U. S. 302

Question & Answer Period

For Further Information: Richard Frank Professor of Env For Further Information: Richard Frank Professor of Env. Practice Director, CELPC U.C. Davis School of Law rmfrank@ucdavis.edu