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

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

7 Pages Posted: 11 Sep 2009

See all articles by James R. May

James R. May

Washburn University - Washburn University School of Law; Widener University Delaware Law School; Haub School of Law at Pace University

Date Written: September 11, 2009

Abstract

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.

Keywords: environmental law, supreme court, constitutional law

JEL Classification: K32

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: https://ssrn.com/abstract=1472066

James May (Contact Author)

Washburn University - Washburn University School of Law ( email )

1700 SW College Ave.
Topeka, KS 66621
United States

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Haub School of Law at Pace University ( email )

78 N. Broadway
White Plains, NY 10603
United States

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