Supreme Court
More Garbage Conservative Constitutional Theory
James Joyner is one of the few conservatives who actually try to come up with intellectually coherent policy positions, and he often does. So maybe we should give him a pass when he blows it. But wow, is this one a doozy. The EPA has decided to begin to issue greenhouse gas regulations, as it …
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CONTINUE READINGSupreme Court issues decision in Florida beach sand takings case
UPDATE: Rick Frank has published some insighful analysis here of the decision discussed below, including discussion of the impacts of the changing Supreme Court composition on the development of doctrine in the so-called “judicial takings” area. The U.S. Supreme Court just issued its decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection …
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CONTINUE READINGWhat We Know About Kagan and the Environment
Basically, the answer is “nothing.” Nada. Zip. I thought about leaving the body of this post blank in order to communicate that, but I figured that would simply look like I’d pushed the “publish” button by mistake. Anyway, it’s not quite true that we know nothing at all. Actually, there are a few tiny straws …
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CONTINUE READINGJustice Stevens: Architect of Modern Environmental Law Doctrine
Justice Stevens was responsible for key environmental decisions. He emphasized that EPA and Congress, not the courts, were the key policymakers on environmental questions, as against conservatives judges who have tried to implement their own policy views instead.
CONTINUE READINGLet’s Not Play the Blame Game Here.
I feel that it is important to take a clear position regarding Jonathan’s post this morning, which related to an alleged comment attributed by the press to me regarding a potential Supreme Court appointment. Candor is critical. Were mistakes made? Yes. Have we taken corrective action? Yes. The staff member responsible for the alleged comment …
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CONTINUE READINGThe Unintended Consequences of Rapanos
In the Rapanos case, building on its previous ruling in SWANCC, the Supreme Court cut back on federal jurisdiction over water bodies. The issue before it was the government’s power to control filling of isolated wetlands, and it seems clear that the Court was solely focused on what it considered an inappropriate expansion of federal …
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CONTINUE READINGConference Webcast – The Environment and the Constitution
*Webcast is archived for later viewing, if you didn’t catch the live event. On February 26, 2010. 9:00 a.m. – 5:30 p.m.webcast of (EST), you can attend the Environmental Protection in the Balance: Citizens, Courts, and the Constitution at Georgetown University Law Center, Washington, DC. Today, the most important environmental law and policy disputes are …
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CONTINUE READINGProperty Rights, Coastal Protection and the Roberts Court
Today the U.S. Supreme Court hears oral arguments in the most consequential environmental case of the current Term: Stop the Beach Renourishment v. Florida Department of Environmental Protection, No. 08-1151. This case bears close watching, for several reasons. First, the litigation represents the Roberts Court’s first foray into the longstanding legal and policy debate pitting …
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CONTINUE READINGA Silver Lining to the Supreme Court Term for Environmentalists?
In assessing the environmental train wreck that was the just-concluded Supreme Court Term, the question arises: is there anything from that Term from which environmental interests can take comfort? The answer is at least a qualified “yes.” Somewhat lost in the attention focused on the justices’ five major environmental decisions–all of them clear defeats for …
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CONTINUE READINGThe 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 …
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