Posts marked "Constitutional Issues"

On June 23, 2017, the United States Supreme Court in Murr v. Wisconsin announced a new test for defining the proper unit of property whose value is to be measured in determining whether a governmental regulation has gone “too far” and caused a regulatory taking. The majority rejected opposing bright-line tests advocated by the parties … Read Post

On June 27, 2017, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) released a joint proposal to rescind and ultimately replace the Obama administration’s 2015 “Clean Water Rule” (the “Rule”).  The Rule defines the extent of federal jurisdiction over “waters of the United States” under the Clean Water Act … Read Post

A recent decision by the United States Supreme Court has raised questions about the scope of plaintiffs’ standing to bring suit in federal court, a critical issue for environmental litigants. Federal courts have long recognized that certain types of environmental harms can form the basis of standing under Article III of the United States Constitution, … Read Post

In a unanimous decision that could herald major changes in federal and state environmental enforcement, yesterday the Supreme Court upheld a property owner’s right to challenge the basis for a Clean Water Act compliance order alleging unlawful filling of wetlands, before the Environmental Protection Agency (“EPA”) had filed suit to enforce it.  Previously, EPA and … Read Post

On June 28, the Supreme Court granted a petition to review a Ninth Circuit decision holding, as other circuits have also held, that administrative compliance orders issued by the Environmental Protection Agency (“EPA”) under the Clean Water Act are not judicially reviewable until EPA brings an enforcement action in federal court.  The petitioners in this … Read Post

Dealing a blow to climate change tort litigants, the Supreme Court ruled 8-0 on June 20, 2011 that Congressional authorization of greenhouse gas (“GHG”) limits has displaced federal common law suits seeking GHG reductions.  The Court’s decision in American Electric Power v. Connecticut reversed the Second Circuit Court of Appeals’ ruling that allowed a group … Read Post

On December 6, the Supreme Court granted review of the climate tort suit Connecticut v. American Electric Power (“AEP”), setting the stage for a major decision on the availability of common law remedies for climate-related harms. Justice Sonia Sotomayor, who presided over oral arguments in the case while a judge on the Second Circuit, did … Read Post

This morning, President Barack Obama announced his decision to nominate Second Circuit Court of Appeals Judge Sonia Sotomayor to fill the seat on the Supreme Court being vacated by Justice David Souter, who has announced his retirement.  If confirmed, Sotomayor will represent an important vote on a variety of legal issues, including the scope and … Read Post