[This guest post from Yale Law School student Leah Samuel—the third post in our FTC UMC Rulemaking symposium—is a condensed version of a full-length paper. [read post]

Addressing AIR’s four CEQA challenges to the project EIR, the Court held: (1) that use of a 2007 “existing conditions” baseline was supported by substantial evidence and complied with CEQA, in light of the refinery’s current entitlements and history of fluctuating operations; (2) in an issue of first impression, that the project’s compliance with California’s GHG cap-and-trade program supported County’s conclusion pursuant to CEQA Guidelines §… [read post]

The Interplay between the Fourteenth Amendment’s Due Process Clause and the Fifth Amendment’s Takings Clause: Is the Supreme Court’s Test for “Public Use” Merely Rational Basis? [read post]