U.S. Supreme Court
Damage Control for the States: Predicting the Outcome in AEP v. Connecticut
Yesterday I previewed Tuesday’s oral arguments in the U.S. Supreme Court’s American Electric Power v. Connecticut case, and two of my Legal Planet colleagues have already posted comments on certain aspects of those arguments. But let me cast discretion to the wind and predict the outcome of the case. Actually, it’s not that difficult a …
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CONTINUE READINGAEP v. Connecticut oral argument
This morning, the Supreme Court heard 75 minutes of oral argument in AEP v. Connecticut. My fellow blogger, Richard Frank, already gave us a preview of the arguments. SCOTUSblog has a nice recap of what happened this morning. I would just like to highlight a few points from the oral argument. First, the Justices seem …
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CONTINUE READINGPreviewing the Supreme Court Oral Arguments in AEP v. Connecticut
On Tuesday the U.S. Supreme Court hears oral arguments in the only environmental case on its docket this Term: American Electric Power v. Connecticut. At issue in this critically important climate change case is whether a coalition of states, New York City and several private land trusts can pursue a federal common law nuisance claim …
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CONTINUE READINGRight 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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CONTINUE READINGJustice 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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CONTINUE READINGThe 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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CONTINUE READINGCert 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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CONTINUE READINGU.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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CONTINUE READINGConnecticut 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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CONTINUE READINGU.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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