Pillars:
- National Laws that Establish Minimum Standards to Address Nationwide Problems
- Cooperative Sharing of Federal Power with the States
- Ample Latitude for State and Local Governments to Experiment and Innovate
- Citizen Participation in Environmental Decision-Making and Enforcement
National Laws that Establish Minimum Standards to Address Nationwide Problems
Doctrine: Commerce Clause Challenges to Congressional Authority
United States v. King (2009)
Alabama-Tombigbee Rivers Coalition v. Norton (2007)
Solid Waste Agency of Northern Cook County (SWANCC) v. USACE (2001)
Doctrine: Fifth Amendment Claims that Regulations Cause a "Taking" of Private Property
Stop the Beach Renourishment, Inc. v. Florida DEP (2010)
Rose Acre Farms, Inc. v. United States (2009)
Brace v. United States (2007)
Casitas Municipal Water District v. United States (2008)
Fifth Amendment Claims that Government Orders Violate Procedural Due Process
Sackett v. Environmental Protection Agency (2012)
General Electric Co. v. Jackson (2010)
Doctrine: Tenth Amendment Limitations on Federal Power
New York v. United States (1992)
Doctrine: Eleventh Amendment State Sovereign Immunity
Bragg v. West Virginia Coal Association (2001)
Rhode Island Department of Environmental Management v. United States (2002)
Doctrine: Allowing Cost-Benefit Analysis to Undermine National Standards
Entergy v. Riverkeeper (2009)
Cooperative Sharing of Federal Power with the States
Alaska Department of Environmental Protection v. EPA (2004)
Bragg v. West Virginia Coal Association (2001)
Rhode Island Department of Environmental Management v. United States (2002)
Ample Latitude for State and Local Governments to Experiment and Innovate
Doctrine: Expansive Preemption of State Law by Federal Law
Green Mountain Chrysler v. Crombie (2007)
Engine Manufacturers Association v. South Coast Air Quality Management District (2004)
Doctrine: Arguing that State Action Is Preempted by Federal Foreign Policy Prerogatives
Green Mountain Chrysler v. Crombie (2007) - State Efforts to Combat Global Warming
Doctrine: Invoking the Compact Clause or Treaty Power to Bar State Action
Indeck Corinth v. Paterson (2009) - Regional Greenhouse Gas Initiative
Doctrine: Wielding the "Dormant" Commerce Clause to Hinder State Law
United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority (2007)
National Petrochemical & Refiners Association v. Goldstene (2010)
Doctrine: Arguing for Judge-Made Limitations on Juries' Punitive Damage Awards for Environmental Injury
Exxon Shipping Co. v. Baker (2008) - Suit for Damages Following Oil Spill
Citizen Participation in Environmental Decision-Making and Enforcement
Doctrine: Arguing that Citizens Lack Standing to be in Court
Connecticut v. American Electric Power Co. (2011) - Public Nuisance Claims to Combat Global Warming
Center for Biological Diversity v. U.S. Department of the Interior (2009)
Summers v. Earth Island Institute (2009) - Procedural injury, national forest laws
Massachusetts v. Environmental Protection Agency (2007) - Procedural Injury, Clean Air Act
DC Circuit Cases (2006-07) - Increased Risk of Harm, various laws
Cary v. Hall (2008) (associated with Center for Biological Diversity v. Norton)
Friends of the Earth v. Mosbacher (2005) - Procedural Injury, National Environmental Policy Act
Doctrine: Avoiding Judicial Review through Political Question Doctrine
Connecticut v. American Electric Power Co. (2011) - Public Nuisance Claims to Combat Global Warming