Supreme Court
OT 2012 and the Environment
This Supreme Court Term features a number of environmental cases. We’re now about two-thirds of the way through the Term, so I thought it might be helpful to post a summary of the cases. My impression is that the Court is interested in environmental law to the extent that it seems to impinge on the …
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CONTINUE READINGWhale Wars in the Courtroom
Earlier today, Sea Shepherd Conservation Society, an anti-whaling activist group—and the only environmental group with its own reality television series—petitioned the nation’s highest court. In its petition to the U.S. Supreme Court, Sea Shepherd seeks review of a December 17, 2012 injunction from Ninth Circuit Court of Appeals Judge Alex Kozinski that prevents the Sea …
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CONTINUE READINGSupreme Court haiku blues
Who knew there was a Supreme Court Haiku Reporter? Here’s its analysis of the LA County Flood Control District case decided earlier this week (h/t Megan Herzog): The flow of water No discharge of pollutants Within same river –which, I have to say, I find pretty disappointing. In response, I offer my own. Not quite …
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CONTINUE READINGWhy Monitoring Matters
There’s been a lot of discussion here about the failings of the latest Supreme Court environmental decision in Los Angeles County Flood Control District v. NRDC. I don’t really want to pile on with those criticisms – though it is baffling to me that the Court wasted its very limited judicial resources correcting the Ninth …
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CONTINUE READINGSupreme Court agrees to hear TX-OK water dispute: Tarrant Regional Water District v. Herrmann
On Friday, the U.S. Supreme Court agreed to review Tarrant Regional Water District v. Herrmann (No. 11-889), an appeal from the 10th Circuit regarding apportionment of the Red River, which forms the southeastern border between Oklahoma and Texas. At issue before the Court is whether it is “OK” for a Texas water supplier to obtain …
CONTINUE READINGSupreme Court overturns Ninth Circuit decision that held L.A. County Flood Control District liable for stormwater pollution in a poorly-reasoned, but narrow, decision
Today, the U.S. Supreme Court issued its opinion in Los Angeles County Flood Control District v. Natural Resources Defense Council. I’ve blogged about this case before, noting that the Supreme Court’s grant of review in this case was based on a completely mistaken premise. (If you’re unfamiliar with the case, the linked post explains in …
CONTINUE READINGLA River oral argument: the Justices debate how to tell the Ninth Circuit that it screwed up
I attended the oral argument on Tuesday in L.A. Flood Control District v. NRDC. (See Sean’s post for an in-depth background on the case, and Richard’s initial reactions to the oral argument). The Justices were actively engaged and appeared to have a strong grasp of the underlying facts about the District’s MS4. Much of the …
CONTINUE READINGThe 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 …
CONTINUE READINGWhat to expect in the logging roads case
Cross-posted at CPRBlog. This coming Monday, Dec. 3, the U.S. Supreme Court will hear oral argument in the logging roads case. The case involves two consolidated petitions, Decker v. Northwest Environmental Defense Center and Georgia Pacific v. Northwest Environmental Defense Center , both challenging the same decision of the Ninth Circuit, Northwest Environmental Defense Center …
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CONTINUE READINGNinth Circuit Finds Public Nuisance Lawsuit Unavailable to Address Climate Change Impacts on Threatened Native Alaskan Village
Today, the Ninth Circuit issued an opinion affirming a federal district court decision to dismiss the lawsuit filed by the Native Alaskan Village of Kivalina that sought damages from oil and electric power companies whose greenhouse gas emissions have contributed to climate change. Kivalina contended that the companies’ greenhouse gas emissions constituted a public …
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