The Supreme Court’s Most Important Environmental Law Decision in 35 Years
As our esteemed colleague John Cruden is fond of saying, administrative law is a subset of environmental law. My vote for the most important Supreme Court environmental law decision in 35 years goes...
View ArticleSCOTUS Remands: Miles to Go Before I Sleep?
As attorneys we are fascinated by U.S. Supreme Court cases, the ultimate jurisprudence in our country. These decisions are analyzed, discussed and debated by legal scholars and practitioners alike....
View ArticleWhat’s Up with Gundy?
Last summer the Supreme Court announced its decision in Gundy v. United States. Conservative advocates had eagerly followed the case, hoping it would restore the nondelegation doctrine to the glory...
View ArticleConfidentiality of “Voluntary” Submittals to EPA
When is the confidentiality of sensitive information provided at EPA’s request protected? In Food Marketing Institute v. Argus Leader Media (“FMI”), the Supreme Court addressed the question, but...
View ArticleSupremes Let Hoopa Stand, Leave Door Open for EPA to Reshape CWA 401
On December 9, the Supreme Court denied certiorari to review the D. C. Circuit Court of Appeals ruling in Hoopa Valley Tribe v. FERC. As reported in this space, in January the D.C. Circuit roundly...
View ArticleWhiskey In The Punch Bowl At SCOTUS: What’s The Point (Source)?
If you have wondered if confusion over the jurisdictional reach of the Clean Water Act may drive one to drink, read the transcript in County of Maui v. Hawaii Wildlife Fund, SCOTUS No 18-260, argued on...
View ArticleThe Supreme Court’s Decision in County of Maui v. Hawai’i Wildlife Fund – The...
The United States Supreme Court’s April 23 decision in County of Maui v. Hawai’i Wildlife Fund (https://www.supremecourt.gov/opinions/19pdf/18-260_i4dk.pdf) proves that legislating is best done by the...
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County of Maui Decided: Groundwater Discharges Require Permit . . . Sometimes
On April 23, in a 6-3 opinion, the U. S. Supreme Court decided one of the more closely followed environmental disputes of recent years. In County of Maui v. Hawaii Wildlife Fund, the issue was whether...
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SCOTUS Has Spoken: Kinda Sorta Direct Discharges Need A Permit
On April 23 the Supreme Court announced its decision in County of Maui v. Hawaii Wildlife Fund (No. 18-260), which addressed the fundamental issue of what is a discharge to navigable waters requiring a...
View ArticleEPA Is The CERCLA Gatekeeper: Plaintiffs Need EPA Approval To Seek State...
Landowners seeking restoration damages in state courts, at sites where there is a cleanup remedy previously selected by EPA, may pursue such claims only if they first obtain EPA approval for the...
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