Supreme Court
U.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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CONTINUE READINGKivalina and the Courts: Justice for America’s First Climate Refugees?
It’s hard not to sympathize with the Native Alaskan inhabitants of the Village of Kivalina. The 400 residents of Kivalina, a thin peninsula of land in Alaska jutting into the Chuckchi Sea north of the Arctic Circle, have the dubious distinction of being among the first climate refugees in the U.S. Their town is literally …
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CONTINUE READINGSupreme Court Looking Hard at Litigation Challenge to CARB Marine Fuel Regulations
The U.S. Supreme Court today asked the Solicitor General for his views as to whether the Court should hear and decide a controversial case from California challenging the California Air Resources Board’s authority to regulate ocean shipping. The specific CARB regulations at issue require marine vessels operating in state waters and ports to use …
CONTINUE READINGThe Supreme Court on Climate Torts — A Second Look
Let’s begin with the bad news. The plaintiffs lost, eliminating one possible tool in combating climate change. That doesn’t seem like a big loss to me, because I’ve always thought that the defendants’ best argument was that the federal common law is displaced by the Clean Air Act. It’s an easy argument to make based …
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CONTINUE READINGPreview of Coming Attractions: American Electric Power v. State of Connecticut
The U.S. Supreme Court recently announced the scheduling of oral arguments in the biggest (actually, the only) environmental case of its current Term: American Electric Power v. State of Connecticut. The justices will hear arguments on April 19th, and render their decision in this major climate change case by the end of June. Already, however, …
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CONTINUE READINGMore 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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