EDITOR’S NOTE

Written by Jennifer L. Harder

Editor-in-Chief

Environmental Law News is pleased to welcome the section’s new Chair, Miles Hogan, who shares his goals for the future and opportunities for members in his Chair’s Message. We also extend our gratitude to the outgoing Chair, Mary Akens, for her dedicated service. For in-depth analysis of current environmental law issues, please see the following articles in this fall/winter issue:

• Julia Stein explores three administrative law decisions from the U.S. Supreme Court in 2024, including among them the blockbuster Loper Bright case overruling Chevron deference. Stein surveys the implications of these decisions for climate and environmental law, and offers advice to environmental advocates for a path forward.
• Sara Dudley dives deep into SEC v. Jarkesy in which the U.S. Supreme Court held that the Constitution’s Seventh Amendment requires that defendants be given the option of a jury trial in court when agencies impose certain kinds of administrative penalties. Dudley explores the implications of Jarkesy for California environmental law.
• Tamarin Austin takes readers on a rollicking, sobering, and ultimately inspiring journey in which she searches for the holy grail of stormwater protection across the United States and Europe—from Los Angeles to Paris and beyond—and finds answers in expanding the quest to integrated, multi-benefit projects aligned with climate policies.
• Jennifer Jeffers, Jacob Aronson, and Zachary Rego examine lessons learned from a recent California appellate decision upholding conservation easements as mitigation for agricultural land conversion. The authors synthesize similar cases to present a framework of principles that can guide project proponents and agencies in consideration of conservation easements.
• Gary Lucks and Shivaun Cooney look back a full year to environmental laws enacted in California’s 2023 legislative session, ending September 2023, most of which took effect January 1, 2024. Lucks and Cooney survey enacted bills on green infrastructure; climate change, air quality, and energy; CEQA and housing; and water supply/quality. Stay tuned for a survey of 2024 bills in the spring/summer 2025 issue of Environmental Law News.
• Demetria Mantalis highlights the inspiring fellowship experiences of the Environmental Law Section’s 2024 Diversity and Inclusion Fellows. The law students reflect on their summer 2024 placements and share their dreams for a future in environmental law.
• Section Chair Miles Hogan introduces the membership to the newest volunteers on the section’s Executive Committee. Welcome to all and thank you for your service!