Supreme Court
Supreme 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 …
CONTINUE READINGSupreme Court Grants Review in Takings/Flooding Case
The U.S. Supreme Court has granted review in what will be the first environmental case of its next (2012-13) Term: Arkansas Game & Fish Commission v. United States, No. 11-597. The ultimate question is whether the federal government is liable for millions of dollars in damages for flooding a 23,000-acre wildlife management area owned by the State …
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CONTINUE READINGSupreme Court Sides With Property Owners in Wetlands Dispute With USEPA
The U.S. Supreme Court issued its decision in the most closely watched environmental case on the Court’s docket this Term: Sackett v. U.S. Environmental Protection Agency. As expected following an especially lively set of oral arguments in the Sackett case earlier this year, the justices ruled–unanimously–in favor of the private property owners who had brought …
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CONTINUE READINGU.S. Supreme Court Rejects Montana’s River Ownership Claims
The U.S. Supreme Court has issued its decision in PPL Montana v. State of Montana, a fascinating case that combines the colorful history of the American West, the issue of the public’s access to state waterways, and a dispute over hefty royalties claimed to be owed the State of Montana for unpermitted use of public …
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CONTINUE READINGProds and Pleas/Stopgaps and Failsafes
In a recent article in the Yale Law Journal, Benjamin Ewing and Douglas Kysar discuss how other part of government can step in when Congress defaults on its responsibility to make public policy. Their article, Prods and Pleas: Limited Government in an Era of Unlimited Harm, focuses on the tort litigation involving climate change. Using …
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CONTINUE READINGCan you stand to hear more about Sackett?
Cross posted at CPRBlog. As usual, I’m behind Rick on commenting on the latest Supreme Court development. (In my defense, it is the first day of classes, although I know that’s not much of an excuse.) Unlike Rick, I didn’t attend the oral argument (see lame excuse above), but having read the transcript I agree …
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