Monday, November 30, 2009
James Salzman (Duke) and J.B. Ruhl (Florida State) have posted Who's Number One?, forthcoming in Environmental Forum, Vol. 26, No. 6, p. 36, November-December 2009. The abstract:
What do environmental lawyers consider the most significant environmental cases? In 2001, Jim Salzman conducted a survey of the envlawprofs listserv for the "Most Excellent" environmental law cases in the field, tabulating the top cases for law profs and for practicing attorneys. Given the significant decisions over the eight years, we thought it would be useful to conduct the survey again, this time using a dedicated website and surveying both the envlawprofs listserv and members of the ABA's Section on Environment, Energy and Resources. We enjoyed a high level of participation, with over 440 responses from across the nation, from academics and practitioners alike. Among the most interesting findings are: (1) not surprisingly, Chevron remains firmly in the Top Three cases; (2) more surprisingly, the relatively young Massachusetts v. EPA has vaulted to the top as the most significant case in the field; (3) most surprisingly, Rapanos scored in the Top Three in most categories of respondents and in the top four for almost all the categories; (4) TVA v. Hill , while still a favorite among academics, has faded from prominence among practitioners; and (5) some of the classic environmental law cases that scored high on the 2001 survey, such as Overton Park and Ethyl Corp., have fallen off the cliff. Our article discusses the findings in more detail and our musing explanations for the surprise results.
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Deborah Curran on Field notes on navigating a POPO
- Stephen Miller on Commissioner's Corner: Should a Commissioner Be Permitted To Peak at a Google Maps View of a Project Site in a Quasi-Judicial Hearing?
- Ben Davy on Commissioner's Corner: Should a Commissioner Be Permitted To Peak at a Google Maps View of a Project Site in a Quasi-Judicial Hearing?
- Jesse Richardson on Commissioner's Corner: Should a Commissioner Be Permitted To Peak at a Google Maps View of a Project Site in a Quasi-Judicial Hearing?
- Stephen Miller on New Arkansas law requires local governments to pay for a "takings" where certain "regulatory programs" reduce FMV by at least 20 percent
- Shocking Allegations of Rough Justice at a P&Z Hearing in the Rural West: Environmental Activist Opposing Oil and Gas Project at Public Hearing Charged with Criminal Trespass and Spends Five Days in Isolation
- Cheever & Owley on Enhancing Conservation Options
- Planning for States and Nation-States in the U.S. and Europe
- New study highlights worker conditions in the sharing economy
- Audubon honors Women Greening Journalism