Tuesday, June 21, 2011

Supreme Court News

It's been a big week at the U.S. Supreme Court; as we get closer to the end of the Term, decisions are rolling out.  Some big cases came out yesterday, plus news of what might be a significant land use case in the next Term. 

Among yesterday's decisions was American Electric Power Co. v. Connecticut, which held: "The Clean Air Act and the EPA action the Act authorizes displace any federal common-law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants."

Also, Wal-Mart Stores, Inc. v. Dukes et al.  This case is not land use per se--it's a class action employment issue--but anyone involved in land use knows that Wal-Mart's fortunes are an important fact in the field.  The Wal-Mart Wars involve a distillation of many of the major land use issues in current events.  I was also pleased that the opinions extensively cited the expertise of the late Prof. Richard Nagareda, who inspired me as a scholar and teacher.  Thanks to Troy Covington for the pointer.

In addition to these and other important opinions from the 2010 Term, the Court also granted cert yesterday to what might turn out to be a very important land use case.  We are fortunate to have a timely guest-post on that, which I'll post next (scroll up!). 

Matt Festa

http://lawprofessors.typepad.com/land_use/2011/06/supreme-court-news.html

Caselaw, Constitutional Law, Environmental Law, Federal Government, Nuisance, Oil & Gas, State Government, Supreme Court | Permalink

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Comments

Great overview. I recently read a review from Forbes about Clean Air Act you may find it interesting and great supplemental material to your post. Thanks for sharing. Link: http://blogs.forbes.com/danielfisher/2011/06/27/supreme-courts-global-warming-decision-keeps-the-cause-alive/

Posted by: Michael | Jun 27, 2011 10:49:09 AM