Justice Stephen Breyer

Supreme Court Finds California Labor Access Regulation Works Unconstitutional Taking of Private Property

What Are the Implications of the Cedar Point Nursery Decision for Environmental, Natural Resources & Public Health Programs?

In a closely-watched property rights decision, the U.S. Supreme Court today held unconstitutional a longstanding California regulation allowing labor unions intermittent access to agricultural workplaces for labor organizing purposes.  Reversing a decision of the Ninth Circuit Court of Appeals, a 6-3 Supreme Court majority ruled that the challenged regulation triggers a per se, compensable government “taking” …

CONTINUE READING

The U.S. Supreme Court’s Most Important 2020 Environmental Law Decisions

Clean Water Act, CERCLA, Native American Law and Trump’s Border Wall Lead the List

It’s become customary for critics and observers from many disciplines to publish a wide variety of lists at year’s end, nominating the most important or best movies, music, plays, etc. of the preceding year.  Why not follow that tradition in the fields of environmental law and policy? With that objective in mind, I plan over …

CONTINUE READING

Here Today, Gone to Maui

U.S. Supreme Court Issues Environment-Friendly Ruling in Major Clean Water Act Case

This week the U.S. Supreme Court issued its decision in the Court’s most important environmental law case of the current Term: County of Maui v. Hawaii Wildlife Fund.  In a somewhat surprising ruling, the justices rejected both sides’ argument over the scope of government authority to regulate water pollution discharges under the federal Clean Water …

CONTINUE READING

TRENDING