Energy & Environmental Law Blog

Energy & Environmental Law Blog

Analyzing the critical energy and environmental issues of the day

Tag Archives: Supreme Court

On Remand from Supreme Court, Hawkes Wins Challenge to Army Corps’ Wetland Determination

Posted in Federal, Water Law
As described on this site  last year, the Supreme Court first affirmed the right to challenge wetlands jurisdictional determinations by the Army Corps of Engineers.  On remand, plaintiff Hawkes Company, a peat mining company in Minnesota, defeated the Corps’ wetland determination.  In granting summary judgment  to Hawkes, the district court applied the “significant nexus” test… Continue Reading

The Supreme Court Confirms Right to Challenge Jurisdictional Determinations

Posted in Federal, Water Law
Can a landowner challenge a US Army Corps of Engineers determination that a property contains jurisdictional wetlands? In a unanimous opinion, the Supreme Court answered this question in the affirmative May 31, 2016 in USACE v Hawkes Co. Under Section 404 of the Clean Water Act, the Corps regulates filling in of “waters of the… Continue Reading

Sturgeon v. National Park Service: Supreme Court Sidesteps Federal / State Lands Conflict

Posted in Land Use, Litigation, Natural Resources, Rulemakings
A case originating in Alaska may have answered the question for those wondering how the United States Supreme Court will approach weighty questions of law and policy with a vacancy on the Court; it probably won’t. In Sturgeon v. National Park Service, 577 U.S.  (2016), the Court had the opportunity to address a monumental conflict… Continue Reading

Statutes of Repose Unaffected by CERCLA Requirement that State Law Incorporate Discovery Rule in Statutes of Limitation

Posted in CERCLA, Federal
On June 9, in CTS Corp. v. Waldburger, et al., No. 13-339, the U.S. Supreme Court held 7-2, that the Fourth Circuit erred in holding that CERCLA Section 9658 applied to the application of the North Carolina statute of repose, and held that the statute of repose barred state law nuisance claims.  The majority included… Continue Reading

The U.S. Supreme Court Allows Another Lawsuit Challenging Federal Agency Action to Proceed Pursuant to the Administrative Procedure Act

Posted in EPA, Federal, Land Use
Two months ago the Supreme Court allowed a lawsuit challenging an EPA wetlands determination to proceed under the Administrative Procedure Act, ruling against the federal government’s claim that further action was required before such a lawsuit.  See Sackett v Environmental Protection Agency, 566 U.S. ___ (2012).  On June 18, 2012, the Court again ruled against the federal… Continue Reading