Article III standing to sue

State Government Standing and Environmental Law

The Supreme Court seems to be cooling to the idea of empowering state AGs.

Massachusetts v. EPA, the cornerstone climate case, contains an extensive discussion of standing which opens by saying that lawsuits by state governments are entitled to “special solicitude.”  In the last few weeks of its term, the Supreme Court opined repeatedly on state standing. “Special solicitude” seems to be on the wane. Overall, I that might …

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The Ninth Circuit Court of Appeals’ Most Important Environmental Law Decisions of 2017

Constitutional Issues, Water Law, Native American Rights Dominate Court’s Environmental Docket

Happy New Year! As we move into 2018, let’s take a look back at the most significant environmental law decisions issued by the U.S. Court of Appeals for the Ninth Circuit in 2017. Conventional wisdom is that the second most important federal court in the nation (after the U.S. Supreme Court) is the D.C. Circuit …

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