Category Archives: United States Supreme Court

SCOTUS strikes blow for private property owners

The Supreme Court struck a great blow in favor of property rights in Horne v. U.S. Department of Agriculture, which came out yesterday (June 22). The case involved family farmers, Marvin and Laura Horne of California, who grow grapes and … Continue reading

Posted in United States Supreme Court

U.S. Supreme Court: CERCLA Does Not Preempt a State’s Statute of Repose

On Monday, June 9th, the U.S. Supreme Court issued a decision (7-2) holding that the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) does not preempt a state’s statutes of repose. Background The case involved a lawsuit … Continue reading

Posted in United States Supreme Court

U.S. Supreme Court Upholds Cross-State Air Pollution Rules: EPA v. EME Homer City Generation, LP

This case involved a challenge to the U.S. Environmental Protection Agency’s Cross-State Air Pollution Rule (Transport Rule). The U.S. Court of Appeals for the District of Columbia Circuit vacated the rule in its entirety. The case was appealed to the … Continue reading

Posted in Clean Air Act, Energy, Environmental Protection Agency, Regulatory Train Wreck, United States Supreme Court

SCOTUS Takes Up Major Greenhouse Gas Case

The U.S. Supreme Court has agreed to hear an important case challenging the EPA’s authority to regulate greenhouse gas emissions from new and modified major stationary sources under the Clean Air Act (CAA).

Posted in Clean Air Act, Court Watch, Environmental Protection Agency, Regulatory Train Wreck, United States Supreme Court

U.S. Supreme Court Rules There’s no “Off Site” Exception to Fifth Amendment’s Takings Clause

The U.S. Supreme Court’s 5-4 ruling in Koontz v. St. Johns River Water Management District gives property owners assurances that government bureaucrats cannot use the land use permitting process as a way to get extra money for government projects as … Continue reading

Posted in Court Watch, Environmental Protection Agency, United States Supreme Court

Settlement Shutters More Wisconsin Coal Plants

The EPA, Wisconsin Power and Light Company (WPL), and various co-defendants and co-plaintiffs, have entered into a settlement agreement which will significantly alter Wisconsin’s energy generation portfolio and cost over a billion dollars. This action is part of a larger … Continue reading

Posted in Clean Air Act, Energy, Environmental Protection Agency, Regulatory Train Wreck, United States Supreme Court

Supreme Court Clarifies Logging Roads Runoff Rules

In Decker v. Northwest Environmental Defense Center, the Supreme Court ruled that runoff from logging roads does not constitute a discharge from a point source that requires an NPDES permit. The decision upholds EPA’s interpretation of its own regulations and … Continue reading

Posted in Environmental Protection Agency, United States Supreme Court, Water

EPA Updates Rules on Stormwater Discharges from Logging Roads as Supreme Court Hears Case

In an interesting turn of events there has been much action toward resolving the confusion caused last year when the 9th Circuit Court of Appeals ruled that logging roads required National Pollutant Discharge Elimination System (NPDES) permits. On the Friday … Continue reading

Posted in Environmental Protection Agency, United States Supreme Court, Water

Fishy Federalism

The Great Lakes Law blog has an interesting post this week discussing the government’s failure to protect the Great Lakes from the invasion of Asian carp.

Posted in Environmental Protection Agency, United States Supreme Court, Water

Regulatory Calendar

Administrative agencies continuously promulgate new rules and often do so quickly. Tracking the various proposed rules can be time-intensive and complicated. The Foundation’s Regulatory Calendar includes the dates of important steps in the rulemaking process for various rules we are … Continue reading

Posted in Clean Air Act, Climate Change, Department of Natural Resources, Energy, Environmental Protection Agency, Regulatory Train Wreck, Renewable Energy, United States Supreme Court, Waste, Water, Wisconsin Legislature, Wisconsin Supreme Court