The Endangered Species Act in the Supreme Court: Oral Argument Today in Weyerhaeuser v. US Fish & Wildlife Service
Post-Argument Panel at Georgetown Law Will Feature Advocates
Oral argument in Weyerhaeuser v. U.S, Fish & Wildlife Service is this morning, the first day (and first argument) of the new Supreme Court term. The Court will be short-handed, with only eight Justices hearing the case. I’ll be attending the argument and speaking on a post-argument panel at Georgetown Law School, along with other advocates …CONTINUE READING
Half a dozen observations on our (probably) soon to be junior Justice.
I wanted to add a few words about Kavanaugh in light of Ann Carlson’s excellent post a few minutes ago. No doubt we’ll be seeing more about his views after people have had time to read his opinions and some of his law review writing. But there are a few points I would add after …CONTINUE READING
UCLA Law Wells Environmental Law Clinic Files U.S. Supreme Court Brief on Behalf of Scientists in Endangered Species Act Case
Scientists’ Brief Argues Federal Agencies and Courts Must Use Science in Interpreting “Habitat” Under the Endangered Species Act; Clinic Clients Include Profs. Stuart Pimm & E.O. Wilson, Along With Three MacArthur “Genius” Award Recipients & Ten Other Esteemed Scientists
Congress enacted the Endangered Species Act in 1973 to protect species at risk of extinction. Congress viewed species extinction as an urgent threat requiring urgent, decisive action. The result was a bipartisan law designed to apply scientific knowledge and expertise to managing the threats to U.S. species. While the Act has been controversial, and characterized …CONTINUE READING
The Supreme Court will hear a challenge to the critical habitat designation for the dusky gopher frog
Controversy and litigation have been pervasive since adoption of the Endangered Species Act in 1973, but the Supreme Court has been a relatively minor player in the law’s development. By my count, the Court so far has only addressed the substantive merits of an ESA claim three times (in TVA v Hill, 437 US 153 …CONTINUE READING
The Supreme Court rules on how to define a parcel of property under the Constitution
The Supreme Court ruled today on Murr v. Wisconsin, a takings case that could have potentially had a major effect on land use regulation. The Supreme Court has ruled that a “taking” of private property exists if the state prohibits all economically beneficial use of property. Naturally, lawyers have gleefully litigated the question of how …CONTINUE READING
Gorsuch doesn’t seem to have a strong agenda in this area, with several pro-environmental rulings.
What could we expect from Neil Gorsuch as a Supreme Court Justice in environmental and energy cases? After reading all the opinions I could find, I’d say the best news is this: He doesn’t seem to have any particular agenda in the area. That distinguishes him from some past appointees such as Clarence Thomas, who …CONTINUE READING
If he’s ever confirmed by the U.S. Senate
Donald Trump just announced his nomination to replace Justice Antonin Scalia. Here are some very preliminary thoughts. Assuming Trump’s nominee, Neil Gorsuch, is confirmed by the U.S. Senate (by no means a certainty), what do we know about how he would be likely to rule on environmental questions? As far as I can tell, he …CONTINUE READING
Despite claims by industry and conservatives, the CPP’s costs are completely manageable.
The Supreme Court’s stay of EPA’s Clean Power Plan was a surprise, and a questionable action on many grounds. It now seems clear that the stay — along with much of the political fuss about the CPP — was based on very questionable economics. In terms of the stay, a team of economists at Resources …CONTINUE READING
Supreme Court allows lawsuits early in Clean Water Act permitting process, as Justice Kennedy ominously questions the Act’s reach
The Supreme Court today dealt another blow to the Obama administration in a Clean Water Act case. The Court’s unanimous opinion in United States Army Corps of Engineers v. Hawkes Co., No. 15-290, addressed the finality of an Army Corps “approved jurisdictional determination” (JD) on whether a particular parcel of property contains “waters of the …CONTINUE READING
A comment by Justice Kennedy reminds us of just how much is at stake.
Every once in a while, we get reminded of just how much damage the conservative Justices could wreak on environmental law. Last week, Justice Kennedy created shock waves with a casual comment during oral argument. In a case that seemed to involved only a technical issue about administrative procedure, he dropped the suggestion that the …CONTINUE READING