SCOTUS

The strange saga of how Los Angeles County’s stormwater pollution ended up in the Supreme Court

Tomorrow, the Supreme Court will hear oral argument in Los Angeles County Flood Control District v. Natural Resources Defense Council. This case involves a lawsuit by clean-water advocates to require our County Flood Control District to take responsibility for ensuring that polluted stormwater doesn’t impair our local water quality in two local rivers. The Ninth …

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Supreme Court Denies Cert. in Mercury Case

The Supreme Court has declined to review a lower court opinion striking down the Bush Administration’s regulation of mercury.  This isn’t a huge surprise since the Obama Admimistration indicated that the lower court opinion was consistent with its own regulatory policy, leaving only the industry to seek revieew.  The lower court opinion is one of …

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Blowing Off Steam: Cost-Benefit Analysis and the Clean Water Act

The Entergy case, which is now before the Supreme Court, involves EPA regulation of power plant’s cooling systems.  This is an important environmental issue because the cheapest systems kill acquatic life in the front-end intake process and then raise the temperature of water bodies in the back-end discharge.  More broadly, the case raises questions about whether …

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