Harvard Environmental Law Review

judicial decisionmaking

It’s Raining Cert Petitions!: Last Term’s Biggest Supreme Court News

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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

New York v. U.S. Nuclear Regulatory Commission

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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

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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