By Richard Lazarus -- Sep. 11, 2014 at 9:05 a.m. This article originally appeared in the September/October 2014 issue of The Environmental Forum. The Environmental Law Institute has graciously allowed the Harvard Environmental Law Review Blog to republish the piece. The biggest environmental law news from the Supreme Court last term may well not have been the Court’s rulings … [Read more...] about It’s Raining Cert Petitions!: Last Term’s Biggest Supreme Court News
judicial decisionmaking
Internal Agency Review, Authoritativeness, and Mead
By Brendan C. Selby Cite as: Brendan C. Selby, Internal Agency Review, Authoritativeness, and Mead, 37 Harv. Envtl. L. Rev. 539 (2013). [btn link="http://harvardelr.wpengine.com/wp-content/uploads/sites/12/2013/08/Selby.pdf" color="forestGreen" size="size-l"]View Full Article (PDF)[/btn] … [Read more...] about Internal Agency Review, Authoritativeness, and Mead
New York v. U.S. Nuclear Regulatory Commission
By Hillary H. Harnett The Nuclear Regulatory Commission ("NRC" or "the Commission") licenses and regulates the nation’s commercial nuclear power plants. Over a span of several decades, it has grappled with its environmental obligations and faced recurrent litigation regarding its responsibilities under the National Environmental Policy Act ("NEPA"). In 2012, the D.C. Circuit … [Read more...] about New York v. U.S. Nuclear Regulatory Commission
Arkansas Game and Fish Commission v. United States
By David Baake The Fifth Amendment’s Takings Clause provides that private property shall not be “taken for public use, without just compensation.” For most of American history, the Supreme Court construed this clause narrowly, requiring the government to pay compensation only where it permanently appropriated or destroyed property. During the twentieth century, however, the … [Read more...] about Arkansas Game and Fish Commission v. United States
Mingo Logan Coal Co. v. EPA
By Joshua Purtle Cite as: Joshua Purtle, Comment, Mingo Logan Coal Co. v. EPA, 37 Harv. Envtl. L. Rev. 283 (2013). [btn link="http://harvardelr.wpengine.com/wp-content/uploads/sites/12/2013/05/Purtle.pdf" color="forestGreen" size="size-l"]View Full Article (PDF)[/btn] … [Read more...] about Mingo Logan Coal Co. v. EPA