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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  

James May

Widener University Delaware Law School

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)

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

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