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Breaking News: The Impact of Justice Kennedy on Constitutional Environmental Law and the Effect of His Impending Retirement

When:

July 11, 2018

Where:

Webinar only


ELI Public Webinar

Justice Kennedy’s announcement of his upcoming retirement at the end of this month from the Supreme Court has the potential to significantly affect the field of environmental law for years to come. The Supreme Court’s 2019 docket includes cases that cover a litany of environmental issues, and Kennedy's replacement will play an especially key role.

For the past three decades, Kennedy has become a crucial swing vote on a variety of issues, including Massachusetts v. EPA in 2007 where Kennedy’s swing vote in a 5-4 decision led the Court to find that Massachusetts had standing to sue the EPA over non-enforcement of the Clean Air Act, and further, that climate change causing greenhouse gases could be a regulated category under that act. A year before in Rapanos v. United States, Kennedy’s styling of the “significant nexus” standard for determining navigable waterways could now affect the Administration’s rulemaking regarding the Waters of the United States (WOTUS) rule. These examples illustrate the changes that could lie ahead for environmental policies. 

ELI's first Breaking News webinar featured expert panelists exploring the influence Justice Kennedy had on environmental law, and what his departure from the court could mean for the future of environmental policy and law.  Also, our panelists gave their initial take on the recent nomination of Brett M. Kavanaugh and his record of environmental rulings.

Panelists:
Caitlin McCarthy
, Director of the Associates Program, ELI
John Cruden, Principal, Beveridge & Diamond PC and President, American College of Environmental Lawyers (ACOEL). Formerly Assistant Attorney General, Environment and Natural Resources Division, Department of Justice
John Elwood, Partner, Appellate, Vinson & Elkins LLP and Lecturer, University of Virginia School of Law
Richard Lazarus, Howard and Katherine Aibel Professor of Law, Harvard University Law School

Materials:
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.