U.S. Supreme Court

Right on the Commerce Clause, wrong on the ESA

Cross-posted at CPRBlog. As Rick noted earlier, the Ninth Circuit is now the fifth federal circuit court of appeals to reject a Commerce Clause challenge to the ESA. In San Luis & Delta-Mendota Water Authority v. Salazar, a Ninth Circuit panel upheld protection of the Delta smelt. I agree with Rick’s analysis of the Commerce …

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Justice Brennan was not an Irishman

If you have access to The New Republic’s premium content online, or have a chance to buy the dead-tree version this week, make sure to do so.  Justin Driver has written an outstanding essay on Justice William Brennan.  It’s styled as a (positive) review of Seth Stern and Stephen Wermiel’s new full-length biography of Brennan (pictured …

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The Supreme Court and CERCLA

Following up on yesterday’s post, I thought it would be interesting to take a look at the trajectory of Supreme Court cases dealing with CERCLA liability. In the federal courts generally, CERCLA cases began slowly, with one in 1981 and 11 in 1982. The number of cases per year then built steadily until at peak …

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Cert in Connecticut v. AEP: Eight Comments

1)  Well, Obama got what he wanted.  And it’s a good thing, too: by attempting to short-circuit public nuisance suits, he established his good faith on climate change and paved the way for bipartisan cooperation. 2)  It is absurd to argue that a common-law tort claim runs afoul of the political question doctrine.  I’m not …

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U.S. Supreme Court to Hear Climate Change Nuisance Case

The 2010-2011 U.S. Supreme Court case promises to be a blockbuster one for environmental law.  The Court today announced that it had granted a petition for certiorari filed in AEP v. Connecticut (the lower court decision in the case is here).  The case, brought by  a number of states against the country’s five larges utilities , …

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Connecticut v. AEP Cert Decision Soon?

A reporter just called me for background on the climate change public nuisance case from the Second Circuit, Connecticut v. AEP.  She said, “As you probably know, the Supreme Court will announce on Monday whether it will take the case.” Um, no, actually: I didn’t know that.  The Supremes make their decisions throughout the year, …

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U.S. Supreme Court Issues Decision in Monsanto case

The U.S. Supreme Court handed down its decision today in Monsanto v. Geertson Seed Farms,   a case involving Monsanto’s efforts to introduce Roundup Ready Alfalfa, a genetically modified crop engineered to tolerate the herbicide Roundup.   The Court, on a 7-1 vote (Stevens dissenting, Bryer recused), held in favor of Monsanto but did so in a way …

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More on Today’s U.S. Supreme Court Property Rights Decision

As fellow Legal Plant contributor, Sean Hecht, reported earlier today, the U.S. Supreme Court decided the most important environmental law case on its current docket: Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-1151. The Court’s opinion can be found here. The issue in the Stop the Beach Renourishment case is …

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…in which I become petty and backbiting — sort of

Elena Kagan might not be the greatest scholar in the world — and that might be why President Obama appoints her to the Supreme Court.

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SCOTUS Sweepstakes!

With the retirement of the 89-year-old John Paul Stevens, looking imminent, it’s time for the Great Mentioner to, well, start mentioning.  Legal Planet’s own great mentioner, Dan Farber, commenting at TPM about the possibility of Solicitor General Elena Kagan getting the nod, observes “It would be hard for Republicans to explain how they voted to …

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