U.S. Supreme Court

Tribal Fishing/Environmental Justice Rights Prevail After Supreme Court Ruling

Justice Kennedy’s Recusal Proves Decisive in Preserving Tribes’ Legal Victory

Perhaps the most consequential environmental case of the rapidly-concluding U.S. Supreme Court Term ended this week with a whimper rather than a bang: in a curt one-sentence order, the Court ruled that the Ninth Circuit Court of Appeals’ earlier decision in Washington v. United States “is affirmed by an equally divided Court.” The justices split 4-to-4 on …

CONTINUE READING

What Does Sports Gambling Have To Do With Environmental Law?

A Lot, Potentially, Following the Supreme Court’s Murphy v. NCAA Decision

Recently, the U.S. Supreme Court issued a major decision invalidating a federal statute that had prohibited states from allowing betting on competitive sporting events.  Murphy v. National Collegiate Athletic Association, is one of those relatively rare Supreme Court decisions that directly affects a substantial portion of the American public.  So it’s no great surprise that …

CONTINUE READING

Native American Treaties, Declining Salmon Populations, Broken Promises & Environmental Justice

Pending Washington v. U.S. Supreme Court Decision Offers Hope & Vindication for Tribes, Coastal Fisheries

Truth be told, the U.S. Supreme Court’s 2017-18 Term has been an unsually quiet one for environmental and natural resources law.  Until now. This week the Supreme Court heard oral arguments in a last-minute addition to the Court’s current docket.  Washington v. United States, No. 17-269, a case the justices only accepted for review in January, …

CONTINUE READING

Contentious California Beach Access Case Heads to U.S. Supreme Court

Longstanding Martins Beach Controversy May Well Capture Justices’ Attention

The U.S. Supreme Court’s 2018-19 Term is already shaping up as a big one for environmental law in general and the longstanding tension between private property rights and environmental regulation in particular.  The Court has already agreed to hear and decide two cases next Term raising the latter set of issues: one involves the question …

CONTINUE READING

Look Out Below!

U.S. Supreme Court Signals Interest in Key Environmental Law/Federal Preemption Case From California

The U.S. Supreme Court today signaled that it is seriously considering whether to review an important environmental law case from California–one in which the California Supreme Court previously ruled that California’s ban on environmentally-damaging suction dredging in state rivers is not preempted by federal law. The case is People v. Rinehart, U.S. Supreme Court No. 16-970. …

CONTINUE READING

Predicting How Neil Gorsuch Would Rule on Environmental Issues

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

Upcoming Regulatory Takings Conference 2016

Nation’s Top Annual Takings Event Set for November 4th in New Orleans

One of the most important issues in modern environmental law and policy is the extent to which constitutionally-protected property rights limit environmental regulatory programs at the federal, state and local levels.  Indeed, the U.S. Supreme Court has focused more attention on this question over the last four decades than any other aspect of modern environmental …

CONTINUE READING

Whither the 2016-17 Court on Environmental Cases?

Docket so far limited to a significant takings case, Murr v. Wisconsin

So far, the docket for the U.S. Supreme Court’s term beginning in October includes no significant statutory environmental case.  It does include an important takings case that could limit or expand the land use powers of all levels of  government to protect wetlands, endangered species habitat, and other ecologically sensitive parcels.  Whether the Court ultimately …

CONTINUE READING

San Jose’s Inclusionary Housing Ordinance Dodges Supreme Court Bullet

Justices Deny Review of California Supreme Court Decision Upholding San Jose Measure

Advocates of the City of San Jose’s controversial inclusionary housing ordinance, which was upheld in a 2015 California Supreme Court decision, are breathing a sigh of relief this week.  That’s because the U.S. Supreme Court has denied the California Building Industry Association’s petition for certiorari in the case.  But the available evidence suggests that the High Court …

CONTINUE READING

Nevada Governor Sandoval on Obama’s Short List of Supreme Court Candidates

How Would a Justice Sandoval Vote on Environmental Issues?

Multiple news sources reported Wednesday that the Obama Administration has floated the first identified candidate the President is considering nominating to the U.S. Supreme Court to replace Justice Antonin Scalia, who died unexpectedly earlier this month.  That candidate is a most intriguing and unconventional one: Nevada Governor Brian Sandoval–a Republican. Sandoval, 52, received his law …

CONTINUE READING

TRENDING