Ninth Circuit Court of Appeals

How the Pacific Rivers Council case could affect environmental law

As Rick has already noted, a couple of weeks ago the Supreme Court granted cert to review the Ninth Circuit’s decision in U.S. Forest Service v. Pacific Rivers Council.  Rick expressed pessimism about whether the Ninth Circuit’s decision would be upheld in the Supreme Court.  I think he’s probably right about that, but there are …


U.S. Supreme Court Grants Review in Pacific Rivers Council Case

Today the U.S. Supreme Court granted certiorari in a major forestry and NEPA case from the Ninth Circuit Court of Appeals: U.S. Forest Service v. Pacific Rivers Council, No. 12-623. The case will be argued and decided in the Court’s next (2013-14) Term. The issues the justices have agreed to consider in Pacific Rivers Council are threefold: …


Supreme Court Grants Review in Two Clean Water Act Cases From Ninth Circuit

This morning the U.S. Supreme Court granted certiorari in two high-profile Clean Water Act cases from the Ninth Circuit Court of Appeals.  The justices simultaneously denied review in a major federalism decision, also from the Ninth Circuit, involving an industry challenge to a California Air Resources Board’s regulation requiring ships to use low-polluting fuels near …


In the Supreme Court’s Crosshairs: the Ninth Circuit’s Environmental Jurisprudence

All eyes will be on the U.S. Supreme Court this week, as the justices conclude their current Term and, among other things, issue their long-awaited decision(s) on the constitutionality of the newly-enacted federal healthcare law. But the Supreme Court also has some other, key decisions to make as to whether to take up four controversial environmental cases from …