Supreme Court

Supreme 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 …

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The 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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Preview 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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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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Supreme 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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What 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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Justice 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.

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Let’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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The 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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