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U.S. Supreme Court Environmental Cases 2008-2009: A Year Like No Other

James May

Widener University - School of Law

September 11, 2009

Daily Environment Report, Vol. 171, B-1, 2009

The author of this article says the last term of the U.S. Supreme Court was in many respects like no other in modern environmental law. During the 2008-2009 term, the Supreme Court ruled on novel and important questions concerning preliminary injunctions under the National Environmental Policy Act; cost-benefit analyses and permitting under the Clean Water Act; arranger and joint and several liability under the Comprehensive Environmental Response, Compensation, and Liability Act; and environmental standing. At no turn, says the author, did the court favor the environment over other interests. He says the court even reached down to reverse decisions in two cases the Bush administration did not appeal, intimating a degree of anti-environmental activism. The author says this does not bode well for the near future of environmental law.

Number of Pages in PDF File: 7

Keywords: environmental law, supreme court, constitutional law

JEL Classification: K32

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Date posted: September 11, 2009  

Suggested Citation

May, James, U.S. Supreme Court Environmental Cases 2008-2009: A Year Like No Other (September 11, 2009). Daily Environment Report, Vol. 171, B-1, 2009. Available at SSRN: http://ssrn.com/abstract=1472066

Contact Information

James May (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
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