Supreme Court
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En Banc D.C. Circuit Hears Oral Arguments in Clean Power Plan Challenge
On Tuesday, September 27, 2016, an en banc panel of the U.S. Court of Appeals for the D.C. Circuit heard nearly seven hours of oral arguments in one of the most significant environmental cases of the year: West Virginia v. EPA, Case No. 15-1363. This case involves more than 100 parties, who have filed dozens… Continue reading
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Navigating Hawkes, the Newest Wetlands Ruling from the Supreme Court
The Supreme Court last Tuesday ruled in favor of landowners seeking the right to challenge the U.S. Army Corps of Engineers’ (the Corps) wetlands determinations in federal courts. Continue reading
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Frisbees, Flatulence and the Impact of Scalia’s Vacancy on Important Environmental Cases
Supreme Court Justice Antonin Scalia undoubtedly had a significant impact on environmental law during his 30 years on the High Court. Known for his strong opinions and quotable prose, he often showcased both in opinions on environmental issues. Continue reading
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Supreme Court Grants Stay of Clean Power Plan
In an unusual step, on Tuesday, February 9, 2016, the U.S. Supreme Court granted a stay of EPA’s “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,” 80 Fed. Reg. 64,662 (October 23, 2015) (a/k/a “the Clean Power Plan”). Continue reading