The Sotomayor Hearing and the Climate Nuisance Case

The NY Times reports that one issue in the confirmation hearing may be a case involving climate change.  The plaintiffs sued under the federal common law of nuisance for injunctive relief against public utilities for their carbon emissions.  The case has now been pending before a panel including Judge Sotomayor for several years. It’s definitely …


Judge Sotomayor’s Environmental Record

Now that President Obama has nominated her for a seat on the U.S. Supreme Court, U.S. Court of Appeals Judge Sonia Sotomayor’s record as a federal court judge will be under the microscope. Political pundits, legal scholars and advocacy groups from across the political spectrum will all be scrutinizing Sotomayor’s extensive record as a federal …


It’s Sotomayor!

President Obama announced his decision to nominate Sonia Sotomayor for the Souter seat today. Environmental issues are unlikely to loom large in the confirmation battle.  So far as we know at this point, her most notable decision was in the Entergy case, which involved the question of whether power plants need to use closed cycle …