Litigation
Coeur Alaska–A Shifting Legal Position by the Obama Administration?
As the U.S. Supreme Court Term winds down, only one environmental case on the Court’s docket remains undecided: Coeur Alaska v. Southeast Alaska Conservation Council, No. 07-984. That case, which involves the relationship between the Clean Water Act’s water pollution control (NPDES) and its wetlands dredge-and-fill programs, arises in the context of a proposed gold …
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CONTINUE READINGNew and Noteworthy in the Eco-Blogosphere
For the environmental world at large, here are some noteworthy posts: Africa needs substantially scaled-up finance, technology and capacity-building to combat climate change 2009 Hurricane Names to Watch for, as Season Begins After a record-breaking 2008 hurricane season, the first storm has formed before the official June 1 start to the 2009 season. The hydrogen …
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CONTINUE READINGJudge 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 …
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CONTINUE READINGThe Environmental Argument Against Sotomayor–Sort of
As Dan points out, environmental issues do not figure to be large in the Sotomayor nomination, but there is one case where those interested in the environment (on either side) have a pretty large bone to pick with Judge Sotomayor: Connecticut v. American Electric Power, a major climate change case. In this litigation, several attorneys general …
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CONTINUE READINGNo pre-contamination chicken litter injunction
In a split decision, the Tenth Circuit has upheld a district court decision denying a preliminary injunction sought by the state of Oklahoma against Tyson Foods and other large-scale Arkansas-based poultry producers in an unusual Resource Conservation and Recovery Act case. RCRA allows citizen suits against anyone involved in the “handling, storage, treatment, transportation, or …
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CONTINUE READINGObama’s Bold New Auto Standards
In what is a huge victory for California and a strong national commitment to more fuel efficient cars, the New York Times is reporting that the Obama administration will grant California its waiver to issue tough greenhouse gas emissions standards while at the same time combining those standards with a new national Corporate Automotive Fuel …
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CONTINUE READINGEnvironmental Hypocrisy
Recently, CBS’s 60 Minutes ran a story on the current environmental damages litigation 30,000 Ecuadorians are bringing in that country’s courts against Chevron. The case arises out the toxic oil wastes a Chevron subsidiary left behind in the Ecuadorian rain forest following decades of oil production deep in the headwaters of the Amazon. The plaintiffs, …
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CONTINUE READINGESA in the Everglades
There’s something for everyone to like (and to dislike) in the Eleventh Circuit’s decision in Miccosukee Tribe v. United States. The case involved the Army Corps of Engineers’ management of south Florida’s extensive plumbing system. Compliance with the Endangered Species Act in operating the S-12 gates in the Central and South Florida project poses a …
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CONTINUE READINGThe Supreme Court’s recent Superfund decision may have a significant impact on future cleanups
As Dan has noted, on Monday the U.S. Supreme Court issued an opinion in a widely-watched case interpreting CERCLA, the Superfund law. (Dan posted some brief thoughts about the opinion, BURLINGTON NORTHERN & SANTA FE RAILWAY. CO V. UNITED STATES.) Dan says that the part of the opinion dealing with apportionment of liability “does not purport to establish any new principles but does …
CONTINUE READINGA 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, …
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