ELI Public Seminar
ELI's annual U.S. Supreme Court Review of October Term 2017 and Preview of October Term 2018 again featured some of the nation’s leading experts on environmental law in the Supreme Court. The event took place just four days before the “First Monday of October” when the Supreme Court formally closes October Term 2017 and begins October Term 2018.
Expertly moderated by ELI Vice President of Programs and Publications John Pendergrass, leading environmental law professors Sharon Jacobs and Robert Percival reviewed key rulings from the Court’s last term before turning to the cases that have been granted review or are likely to be considered by the Justices for the upcoming term. The review covered issues including federal district courts’ sole jurisdiction over the challenges to the controversial Waters of United States Rule, courts’ redressability in an interstate water use dispute, and the federal government’s participation in another interstate water use compact suit to defend “distinctively federal interests.” They also addressed cases to watch in the upcoming term, such as the dusky gopher frog case which will determine the extent to which the Endangered Species Act can be interpreted to designate and protect critical habitat, as well as the Virginia Uranium v. Warren case, which deals with whether the Atomic Energy Act pre-empts a state statutory ban on uranium mining on non-federal lands in Virginia. Additionally, speakers highlighted pending court cases, including whether the pre-enforcement bar under CERCLA preempts state litigation seeking cleanup remedies that may conflict with EPA-ordered remedies and whether a landowner at a Superfund site requires EPA approval before engaging in any remedial action even if the EPA has never ordered the landowner to pay for a cleanup. Lastly, the speakers continued the conversation first held at ELI’s Breaking News: The Impact of Justice Kennedy on Constitutional Environmental Law and the Effect of His Impending Retirement on Kennedy’s legacy and implications caused by his recent departure from the Supreme Court.
John Pendergrass, Vice President of Programs and Publications, Environmental Law Institute, Moderator
Sharon Jacobs, Associate Professor of Law, University of Colorado Law School
Robert Percival, Robert F. Stanton Professor of Law and Director, Environmental Law Program, University of Maryland Francis King Carey School of Law
ELI members will have access to a recording of this session (usually posted w/in 48 hours). If you are not an ELI member but would like to have access to archived sessions like this one, go HERE to see the many benefits of membership and how to join.