U.S. Supreme Court

The Supreme Court Backs Off on Consumer Protection and (Maybe) the Environment

In a decision issued last week, the U.S. Supreme Court continued to chip away at consumer protections embedded in the Federal Power Act, and it is the environment that ultimately may take the biggest hit. First, let’s consider those consumer protections.  The Federal Power Act requires the Federal Energy Regulatory Commission (FERC) to ensure that …


Some Reflections and Predictions Based on Yesterday’s Supreme Court Arguments in the Stop the Beach Renourishment Case

As reported earlier this week on this site, the U.S. Supreme Court heard oral arguments yesterday in an important property rights/environmental case, Stop the Beach Renourishment v. Florida Dept. of Environmental Protection. Here are some observations and (perhaps intemperate) predictions based on those arguments, which I was able to attend at the Supreme Court yesterday: …


The U.S. Supreme Court; the Environment – It’s Not Too Late to Get Briefed

Recently, Berkeley Law’s environmental faculty presented a fast-paced, informative webcast on the numerous, key environmental law decisions handed down by the United Supreme Court in its just-concluded Term. The 90-minute webcast was sponsored and hosted by Berkeley Law’s Center for Law, Energy & the Environment (CLEE). Berkeley Law professors Dan Farber, Holly Doremus, Eric Biber …


Judge Sotomayor’s Environmental Record

Now that President Obama has nominated her for a seat on the U.S. Supreme Court, U.S. Court of Appeals Judge Sonia Sotomayor’s record as a federal court judge will be under the microscope. Political pundits, legal scholars and advocacy groups from across the political spectrum will all be scrutinizing Sotomayor’s extensive record as a federal …


A Supreme Court Speed-Bump for Coeur Alaska

With the U.S. Supreme Court’s issuance of its major CERCLA opinion yesterday in Burlington Northern, the Court has now decided four of the five major environmental cases on its docket this Term. But a little-noticed order from the Court–also issued yesterday–suggests that the Court is struggling mightily with the fifth and final case, Coeur Alaska, …