By using our website, your consent We encourage you to visit our COVID-19 Client Resource Center for perspectives on the legal issues surrounding COVID-19 that may be helpful as the situation continues to unfold. At first instance, the High Court held that Times Travel was entitled to avoid the contract with PIAC on the grounds of economic duress. Daily Court Digest: Major environment orders (October 18, 2019) Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and … It centers on a dispute over wastewater and coral reefs. Visit our website terms of use and permissions pages at www.npr.org for further information. In the final, major environmental law decision of its current Term, the U.S. Supreme Court handed property rights advocates a major victory while repudiating an important regulatory takings precedent the Court had itself fashioned and announced 34 years ago. Basil Godellas discusses the firm’s Disruptive Technologies Team. 25 Jun 2019 4:28 AM GMT. Top Supreme Court cases to watch in 2019. Accuracy and availability may vary. (AP Photo/Susan Walsh) Related feature. In a highly watched case involving the scope of the Clean Water Act’s (CWA) jurisdiction over groundwater that acts merely as a conduit to navigable waters, the Supreme Court granted review of County of Maui, Hawaii v. Hawaii Wildlife Fund from the Ninth Circuit in February 2019. The Supreme Court Is Tackling an Important Superfund Case and It’s—Messy Residents of Opportunity, Montana, say the … Our professionals are available via email, phone, and video conferencing to continue to serve our clients across the globe. The court has original jurisdiction—when it is the first and only to hear a case—and appellate jurisdiction—when it reviews the decisions of lower courts. The Supreme Court's 2018-2019 term got off to a sleepy start, but there are a number of potential blockbusters on the docket for the new year. Simon Luk discusses Winston’s ability to serve clients globally and how the firm’s presence abroad benefits his private equity matters in Asia. IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter between: ATHA-AFRICA VENTURES (PTY) LTD and Appeal Court Case No: /2019 Court a quo Case No: 50779/2017 Applicant (Third Respondent in court a quo) MINING AND ENVIRONMENTAL JUSTICE COMMUNITY NETWORK OF SOUTH AFRICA First Respondent GROUNDWORK EARTHLIFE AFRICA, JOHANNESBURG BIRDLIFE … Contango Trading SA v Central Energy Fund SOC Ltd (533/2019) [2019] ZASCA 191 … RYAN FINNERTY, BYLINE: On Maui, the local government has been injecting treated wastewater underground for decades. The Supreme Court hears arguments in the case Wednesday. Supreme Court opinions are browsable by year and U.S. Reports volume number, and are searchable by party name, case title, citation, full text and docket number. In a highly watched case involving the scope of the Clean Water Act’s (CWA) jurisdiction over groundwater that acts merely as a conduit to navigable waters, the Supreme Court granted review of County of Maui, Hawaii v. Hawaii Wildlife Fund from the Ninth Circuit in February 2019. CRS Report – Supreme Court Preview of2020-2021 Environmental and Energy Law Cases and Review of 2019-2020 Rulings, Updated February 11, 2021: “The Supreme Court 2019-2020 term, which started on October 1, 2019, was historic in unexpected ways. Search U.S. Supreme Court Cases By Year 2019. Cases fixed Before Hon’ble Chief Justice of Pakistan from 2005 To 2010 Critics of Auer deference have argued that it encourages ambiguous writing of regulations to maximize agency control over a later interpretation. This report reviews some the major environmental, energy, and natural resources decisions from the Supreme Court’s 2019-2020 term and previews the legal disputes and arguments in selected environmental, energy, and natural resources cases and petitions for certiorari in the 2020-2021 term. Director of Learning & Development Julia Mercier discusses Winston University. Given the new makeup of the Court, we will be watching closely because these cases present a common theme of challenges to the scope of the federal government’s regulatory authority and its relationship with the states. The Supreme Court’s environmental docket got a lot busier last week, as the justices agreed to wade into new disputes over renewable fuels and hazardous waste. On 8 January 2019 the government filled its grounds of appeal to the Supreme Court. The case tests EPA’s expert role in CERCLA cleanups and could broaden the exposure of responsible parties already performing an EPA-selected remedy. We previously discussed the briefing earlier this year, when the Supreme Court asked the Solicitor General for input on the matter. Supreme Court Justices Searching For A Compromise In Major Environmental Case The Supreme Court heard arguments that could limit the scope of … FINNERTY: Hannah Bernard and other environmentalists sued, saying that since the discharge was reaching the ocean, the county was violating the Clean Water Act. The Supreme Court invited the Solicitor General to weigh in with its opinion in October 2018. DAVID HENKIN: Really, it's every administration since the enactment of the Clean Water Act versus the Trump administration. Syllabus . The Supreme Court of the State of Colorado 2 East 14th Avenue • Denver, Colorado 80203 2019 CO 92 Supreme Court Case No. Important Supreme Court Judgments Published in All India Reporter (AIR) 2019, Latest Supreme Court Cases Reported in AIR 2019 SC Supreme Court set for arguments in major case over Maui reef with big implications for Clean Water Act Published Tue, Nov 5 2019 7:44 AM EST Updated Wed, Nov 6 2019 … With oral argument set for this spring, at issue is whether the Supreme Court should overturn the judicial standard known as Auer deference, which directs courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation. Last week, the Supreme Court declined the petition of the Marquette County Road Commission (MCRC) to hear a Michigan case from the Sixth Circuit involving the finality of EPA’s authority over wetlands permitting. Supreme Court Preview of Environmental Law Cases and Review of Rulings Congressional Research Service 1 he Supreme Court 2019-2020 term, which started on October 1, 2019, was historic in unexpected ways. A dispute over wastewater and coral reefs in Hawaii could have a major impact on the reach of the Clean Water Act. The Lochner era, from around 1900 to 1935, was named after the most notorious case of that period.The Lochner case, which struck down a maximum hours law for workers, epitomized the conservative Supreme Court of that era. To understand more about how we use cookies, please see our General environment: quarantine: Supreme Court of the United States: 1902 Department of … Supreme Court Case Could Reshape A Significant Environmental Law A dispute over wastewater and coral reefs in Hawaii could have a major impact on the reach of the Clean Water Act. The Supreme Court’s Biggest Decisions in 2019. Some early cases from the court may not be available. HANNAH BERNARD: We started organizing meetings and sharing information and talking about it. Supreme Court Justices Searching For A Compromise In Major Environmental Case The Supreme Court heard arguments that could limit the scope of … The rejection by the Supreme Court leaves in place a ruling that EPA’s permit objections are not subject to judicial scrutiny by the courts and preserves federal discretion over wetland permitting. This page contains a list of Decided cases handed down in 2019. Grant Thornton Ltd. After going bankrupt, an oil and gas company has to fulfill provincial environmental obligations before paying anyone it owes money to, the Supreme Court has ruled. Times Travel now appeals to the Supreme Court. What began as a sleepy term on environmental issues — with only an interstate water fight and an EPA records dispute on deck — has blossomed into a term filled with prominent pipeline, climate and biofuels battles. This text may not be in its final form and may be updated or revised in the future. In this case, MCRC sought a federal wetlands permit to construct a mining road that would require 25 acres of wetlands to be filled with material from the road construction. Supreme Court Case Could Reshape A Significant Environmental Law A dispute over wastewater and coral reefs in Hawaii could have a major impact on the reach of the Clean Water Act. English translations of those documents can be found here. Decided cases handed down outside of this year can be found by clicking on the following links: For judgments handed down before 31 July 2009 please refer to the House of Lords or BAILII websites. Argued November 5, 2018—Decided June 17, 2019 . FINNERTY: The Environmental Protection Agency eventually commissioned a study to find out if there was a physical link between the injection wells and the ocean. The Supreme Court on Thursday sided with environmentalists by giving a broad reading to the types of water-borne pollution covered by the Clean Water Act. Hiring Committee Co-Chair Bill O’Neil discusses what sets Winston apart from its competitors. This is a list of cases before the United States Supreme Court that the Court … On 10 April 2019, the Supreme Court in Vedanta Resources Plc v Lungowe, determined 1 that a UK-domiciled parent company may owe a duty of care to third parties affected by operations of its foreign subsidiary.. Distinct from the principle of Chevron deference that compels courts to defer to an agency’s interpretation of its own ambiguous statute, Auer deference upholds an agency interpretation of its own regulation, so long as the interpretation is not plainly erroneous or inconsistent with the regulation. The Ninth Circuit’s decision took a broad view of the CWA, holding that discharges subject to permitting include those that “are fairly traceable from the point source to a navigable water.” County of Maui reached the Supreme Court amid a Circuit Court split from similar cases in the Fourth and Sixth Circuits. It's part of a broader effort to limit federal water protections in favor of state control. Property law. In its petition to the U.S. Supreme Court, Atlantic Richfield asked the Court to determine whether (1) landowners may pursue common law claims that conflict with EPA-ordered cleanups at the sites, (2) whether a landowner of a Superfund site is a responsible party that must seek EPA’s approval under CERCLA § 122(e)(6) before engaging in remedial action, even if EPA has never ordered the landowner to pay for a cleanup, and (3) whether CERCLA preempts common law claims for restoration that seek cleanup remedies that conflict with EPA-ordered remedies. The case was heard at the Supreme Court on 24 May 2019. FINNERTY: Environmentalists say discharging pollution into groundwater is exploiting a loophole and not what Congress originally intended. In a 2007 case, Massachusetts v.Environmental Protection Agency, the Supreme Court supported the state’s argument that the Clean Air Act empowered the government to … There are a number of noteworthy environmental cases on its agenda as the Supreme Court heads into the oral arguments for the spring session. A view of the Supreme Court in Washington, Monday, Nov. 11, 2019. v. t. e. On this page, environmental lawsuit means "a lawsuit where the well-being of an environmental asset or the well-being of a set of environmental assets is in dispute". Article III, Section 2 of the United States Constitution establishes the court's jurisdiction. The Coronavirus Disease 2019 (COVID-19) pandemic resulted in the Court indefinitely closing its building to the public, postponing … We highlight below a few of those cases, as well as a recent petition the Court declined to hear. Urgenda filed its written defence to the Supreme Court on 12 April 2019 and a subsequent rejoinder on 21 June 2019. 18SC621 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. Like today’s Court, the Supreme Court a century ago was dominated by conservatives. The Trump administration is backing Maui County in this case - a reversal from the Obama era EPA. Due to the ongoing COVID-19 pandemic, Winston & Strawn's lawyers and professional staff are now primarily working remotely. NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. Hawaii Public Radio's Ryan Finnerty reports. There are a number of noteworthy environmental cases on its agenda as the Supreme Court heads into the oral arguments for the spring session. It was viewed as safer and cheaper than discharging wastewater into the ocean, which would require a permit under the Clean Water Act. Cookie Policy. ET AL. 2019 Year in Review. Size: 785.35 KB. But in 2006, the Hawaii Department of Land and Natural Resources found that coral reefs off the coast of West Maui were dying at a rapid rate. Be thorough. The Netherlands’ supreme court has upheld a ruling ordering the country’s government to do much more to cut carbon emissions, after a six-year fight for climate justice. CRAIG GLENN: Undebatable evidence that the wastewater was reaching from those wells to the coastline. Supreme Court Declines to Hear Clean Water Act Section 401 Case. Komape v Minister of Basic Education (754/2018 and 1051/2018) [2019] ZASCA 192 (18 December 2019) Created: 2020-01-23. Hannah Bernard is a marine biologist and director of the Hawaii Wildlife Fund, the lead plaintiff in the Supreme Court case. It is not intended to be, nor should it be substituted for, legal advice, which turns on specific facts. to the use of cookies is deemed to be given. My vote for the most important Supreme Court environmental law decision in 35 years goes to the administrative law case (involving not environmental rules but the interpretation of a Department of Veterans Affairs rule) handed down on June 26, Kisor v. As our esteemed colleague John Cruden is fond of saying, administrative law is a subset of environmental law. We use cookies to make the experience of our website better. The Court of Appeal allowed PIAC's appeal. Their licenses will be cancelled if they fail to do so. Earlier this year, the Sixth Circuit declined to extend federal jurisdiction over arsenic discharges through groundwater via coal ash seeps, while the Fourth Circuit determined discharges from a petroleum pipeline that reach navigable water through groundwater were subject to the CWA. MCRC worked with the Michigan Department of Environmental Quality (MDEQ) to develop a permit application for EPA approval, but EPA objected to issuance of the permit on the grounds that MCRC had not provided “adequate plans to minimize impacts” or a “comprehensive mitigation plan that would sufficiently compensate for unavoidable impacts.” Subsequently, MDEQ was unable to issue a permit that satisfied EPA’s objections within the time provided by regulation. While the dispute in Kisor does not involve an environmental program, the outcome of this case over veterans’ benefits could impact environmental enforcement actions and permitting decisions by federal agencies. Mehta vs. Union of India WP 860/1991 ” ordered the Cinema theatres all over the country to exhibit two slides free of cost on environment in each show. He says the results were conclusive. 16–1275. Rights of nature. Parties petition SCOTUS to hear a case if they are not satisfied with a lower court's decision. Environment; December 3, 2019. CRS Report – Supreme Court Preview of2020-2021 Environmental and Energy Law Cases and Review of 2019-2020 Rulings, Updated February 11, 2021: “The Supreme Court 2019-2020 term, which started on October 1, 2019, was historic in unexpected ways. The answer was given through the verdict of a Supreme Court case in mid-2007. Atlantic Richfield Co. v. Christian, et al. Relying on the savings clauses in CERCLA Sections 114(a) and 302(d), the Montana Supreme Court held that private landowners seeking a different remedy than selected by EPA is not a “challenge” to EPA’s cleanup unless it “would stop, delay, or change the work EPA is doing,” and “any restoration will be performed by the Property Owners themselves and will not seek to force the EPA to do, or refrain from doing, anything at the Site.”. We previously discussed the briefing earlier this year, when the Supreme Court asked the Solicitor General for input on the matter. But if the Supreme Court rules in favor of Maui County, that loophole could become law. The parties petition the court to grant a writA court's written order commanding the recipient to either do or refrain from doing a specified act. The Sixth Circuit affirmed the District Court decision that neither EPA’s refusal to issue the permit nor the Army Corp’s requirement that a new application be submitted were final agency actions subject to review. Supreme Court And Air Pollution: An Overview Of The Vehicular Pollution case (1985-2019) Alphonsa Jojan . The Coronavirus Disease 2019 (COVID-19) pandemic resulted in the Court indefinitely closing its building to the public, postponing oral arguments, and conducting telephonic oral … Wild law. On December 9, 2019, the U.S. Supreme Court decided not to revisit the U.S. Court of Appeals for D.C. Circuit’s decision in Hoopa Valley Tribe v. FERC, 913 F.3d 1099 (2019), allowing the lower court’s ruling to stand. Just over a decade ago, the Supreme Court made a landmark environmental decision as a result of the case between the state of Massachusetts and the EPA. At the state level, private landowners sued under Montana common law seeking additional restoration beyond what EPA prescribed, which Atlantic Richfield argued was in conflict with EPA’s federally mandated cleanup and therefore barred by CERCLA Section 113(h). By ADAM LIPTAK and JASON KAO UPDATED JUNE 27, 2019. Important Human Right/Public Importance/Kidnapping for Murder/ Encroachment/Human Liberty/Missing Persons & Environmental Cases Decided/Pending at Branch Registry, Karachi Miscellaneous Cases Abduction of Women & Children and Environmental Pollution etc. of certiorariLatin for "to be more fully info… The authoritative record of NPR’s programming is the audio record. Copyright © 2019 NPR. Redwater was an Alberta oil and gas company. That's because the 1972 act regulates the discharge of pollutants into surface waters, like oceans, lakes and rivers, but it does not cover pollution of groundwater. Parties Appellant(s) Times Travel (UK) Ltd. 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The Ninth Circuit’s decision took a broad view of the CWA, holding that discharges subject t… The ultimate decision in County of Maui could have a broad and lasting effect on the respective roles of federal and state regulatory authorities in administering water quality protection programs. This entry has been created for information and planning purposes. Community members suspected injection wells at the local wastewater treatment plant were to blame. COVID-19 ResourcesThe COVID-19 Client Resource Center and Recovery Threat Scenario Webinar Series provide up-to-date guidance on today’s most urgent COVID-19-related issues, including assessing the next phase of risks and opportunities. Partner Peter Crowther discusses Winston & Strawn’s Brussels Office. Yet that conservative Court also ruled on many occasions in favor of environmental … The report also highlights the broader implications of these decisions and cases for Congress. "When the Supreme Court returns from its winter recess, the justices will have an unusually heavy load of environmental cases to sift through — and potentially more to come. Frustrated with the process, MCRC declined to tender a new application for review to the U.S. Army Corp of Engineers, and instead challenged as arbitrary and capricious EPA’s decision not to issue the permit. The petition by Atlantic Richfield to hear a Montana State Supreme Court decision allowing a state common lawsuit regarding the Anaconda Smelter site to proceed is currently pending before the Supreme Court. Environmental Awareness and Education Case. Who are the principals involved, what is the case about, what law/laws is the case based on and how do you think the court will decide? Welcome to FindLaw's searchable database of U.S. Supreme Court decisions since 1760. University of Hawai'i geologist Craig Glenn used colored dye to track where wastewater from the injection wells was going. 2019 - Decided cases. Public trust doctrine. Overturning Auer deference would likely increase judicial scrutiny of an agency’s interpretation and application of its own rules under the Administrative Procedure Act, which may result in fewer final regulations that leave room for interpretation. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT . For NPR News, I'm Ryan Finnerty in Honolulu. The Supreme Court in “ M.C. Judgment appealed [2019] EWCA Civ 828. Energy Partner Joe Karp addresses components of the firm’s energy and regulatory practice. Subscribe to our COVID-19 FAQs, updates, interviews, and webinars. The Supreme Court grappled Wednesday with questions about the scope of the Clean Water Act and the Environmental Protection Agency's authority to … v. WARREN . All rights reserved. And then we got in touch with our EPA. As we turn the page on 2019, take a look back at the biggest moments in policing and what's ahead for law enforcement in the next decade. They won twice in federal court, but in a similar case from Kentucky, a different appeals court disagreed. It owned over a hundred wells, pipelines, and facilities when it went bankrupt in 2015. SUPREME COURT OF THE UNITED STATES . The case is Knick v. Township of Scott. David Henkin, an attorney representing the Maui plaintiffs, says the Trump administration's stance on groundwater pollution is a departure from longstanding policy. Petitioner Virginia Uranium, Inc., wants to mine raw uranium ore from Case No: 1007/2019. U.S. Supreme Court today hears a case that could reshape one of the country's most significant environmental laws. No. Neutral Citation: Komape v Minister of Basic Education (754/2018 and 1051/2018) [2019] ZASCA 192 (18 December 2019) Case No: 754/2018 and1051/2018. Supreme Court Cases for BU300, Fall 2019 For your Supreme Court case review for Fall 2019: Do a complete analysis of the facts behind each of the 7 cases. VIRGINIA URANIUM, INC., ET AL.
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