The snail darter, the small freshwater fish made famous by Tennessee Valley Authority v. Hill, is no longer in danger of becoming endangered and has been removed from the list of “threatened” species under the Endangered Species Act (ESA), the Department of Interior announced yesterday. The snail darter was initially listed as an “endangered” species in […]
Yesterday the Supreme Court opened October Term 2022 with oral argument in Sackett v. Environmental Protection Agency, a case in which the Court is asked (once again) to clarify the scope of federal regulatory authority over wetlands under the Clean Water Act (CWA). In previous posts I discussed the issues in the case, the cert grant, […]
On Monday, the first day of the new Supreme Court term, the justices will hear oral argument in Sackett v. Environmental Protection Agency, in which the Sacketts are challenging the EPA’s authority to regulate the use of their land under the Clean Water Act. Specifically, the Court will consider how courts should determine whether a given […]
This afternoon the U.S. Court of Appeals for the Eleventh Circuit granted the Department of Justice’s request for a partial stay of the lower court order that had temporarily blocked the Department from analyzing and investigating documents seized from former President Donald Trump’s residence at Mar-a-Lago. The 29-page per curiam opinion on behalf of Judges […]
NPR Supreme Court reporter Nina Totenberg has a new book on her relationship with the late Justice Ruth Bader Ginsburg, Dinners with Ruth: A Memoir on the Power of Friendships. I have heard nothing but positive reactions to the book, which chronicles Totenberg and Ginsburg’s relationship, which long predated RBG’s elevation to the Supreme Court. The […]
In West Virginia v. EPA, the Supreme Court whole-heartedly embraced the major questions doctrine, under which agencies asserting broad regulatory powers implicating matters of exceptional economic or political significance must be able to identify a clear statement from Congress authorizing the exercise of such powers. As a consequence of the West Virginia decision, litigants challenging governmental actions […]
