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Supreme Court Review & Preview


October 1, 2014


Washington, DC (and via teleconference)

An ELI Research Seminar

ELI held its annual U.S. Supreme Court update for the 2014 term, again featuring the leading experts in the country.  ELI President John Cruden led a discussion with two of the most distinguished environmental law school professors in the nation to review the important Clean Air Act cases decided this year, and forecast their implications for future rule making, particularly in the greenhouse gas arena.

The panel then turned to the cases already set for argument in the October sitting of the court, including a significant water allocation state dispute and a case addressing federal removal standards, as well as future merit cases concerning the natural gas act, APA rulemaking requirements, equitable tolling under the Federal Tort Claims Act, and evidence retention requirements under 18 U.S.C. § 1519 – which Congress included in the Sarbanes-Oxley Act. Pending cert petitions of interest to environment, energy, and natural resource professions were also covered.

This presentation was scheduled for October 1 for the specific purpose of presenting what the Supreme Court will decide on September 29th after it considered pending cert applications, including challenges to EPA’s ozone national ambient air quality standards, last seen in the Supreme Court in Whitman v. American Trucking Associations. ELI was uniquely positioned to bring the knowledge and perspective of two leading environmental scholars to the forefront.

John C. Cruden, President, Environmental Law Institute (moderator)
Professor E. Donald Elliott, of Yale Law School, and Co-Chair, Environmental Practice Group, Covington & Burling LLP
Professor Robert Percival, Director of Environmental Law Program, University of Maryland Francis King Carey School of Law