eBook The Supreme Court And The Environment: The Reluctant Protector, 1st Edition

  • Michael Allan Wolf
  • Published By:
  • ISBN-10: 160871778X
  • ISBN-13: 9781608717781
  • DDC: 344.7304
  • Grade Level Range: 9th Grade - College Senior
  • 385 Pages | eBook
  • Original Copyright 2011 | Published/Released July 2012
  • This publication's content originally published in print form: 2011
  • Price:  Sign in for price

About

Overview

Discusses the body of federal statutory law amassed to fight pollution and conserve natural resources that began with the enactment of the National Environmental Policy Act of 1969.

Table of Contents

Front Cover.
Half Title Page.
Other Frontmatter.
Title Page.
Copyright Page.
Dedication.
Summary Contents.
Contents.
Foreword.
Introduction.
1: Setting the Stage: The Supreme Court Considers Foundational Sources of American Environmental Law.
2: Document 1.1 An 18th Century English Court Upholds a Public Nuisance Prosecution Brought Against an Early Industrial Polluter, May 20, 1757.
3: Document 1.2 A 19th Century Wisconsin Private Nuisance Case Pitting a Homeowner Against a Polluting Neighbor, May 1, 1894.
4: Document 1.3 A Colonial-Era Ordinance Banning the Operation of Slaughterhouses from Certain Parts of New York City, November 18, 1731.
5: Document 1.4 A 1765 Fire Prevention Ordinance from Wilmington, North Carolina, January 14, 1765.
6: Document 1.5 Attempting to Resolve a Water Pollution Dispute Between Two Midwestern States, February 19, 1906.
7: Document 1.6 An Interstate Air Pollution Source that was the Subject of U.S. Supreme Court Scrutiny: Tennessee Copper Company’s Copper Smelter and Acid Plant in Copperhill, 1912.
8: Document 1.7 The Village of Euclid, Ohio, Adopts Its Original Zoning Ordinance, November 13, 1922.
9: Document 1.8 The U.S. Supreme Court Gives Its Blessing to Zoning, November 22, 1926.
10: Document 1.9 Congress Sets Aside Land for Yellowstone National Park, March 1, 1872.
11: Document 1.10 Empowering the Department of Agriculture to Protect Wild and Game Birds, May 25, 1900.
12: Document 1.11 Authorizing the Department of the Interior to Create Effective Rules for Protecting Forest Reserves, June 4, 1897.
13: Document 1.12 Cancelling the Fraudulent Teapot Dome Lease, October 10, 1927.
14: Document 1.13 Supporting State and Local Efforts Against Air Pollution, July 14, 1955.
15: Document 1.14 Redeploying a Federal Navigational Statute to Combat Industrial Water Polluters, November 1, 1954.
16: Notes.
17: An Open-Minded Attitude: The Court’s Initial Response to the New Set of Environmental Statutes.
18: Document 2.1 The Portent: Rachel Carson Submits a Letter to the Washington Post, April 10, 1959.
19: Document 2.2 A Strong, Dissenting Voice Calling for Judicial Involvement, March 28, 1960.
20: Document 2.3 Justice Douglas Offers High Praise for an Instant Classic, September 1962.
21: Document 2.4 Getting President Kennedy’s Attention, August 29, 1962.
22: Document 2.5 The Kennedy Administration’s Initial Response, May 15, 1963.
23: Document 2.6 Congressional Interest in Carson’s Findings, October 3, 1962.
24: Document 2.7 EDF’s Strategic Litigation Meets with Success, May 28, 1970.
25: Document 2.8 A Sign of Success: The FDA Publishes EDF’s Zero Tolerance Notice for DDT, July 1, 1970.
26: Document 2.9 Ten Years Later: The EPA Cancels DDT, June 2, 1972.
27: Document 2.10 The U.S. Supreme Court Opens the Door to Judicial Review of an Agency’s Decision-Making Process, March 2, 1971.
28: Document 2.11 U.S. Transportation Secretary Volpe Complies with the Supreme Court’s Procedural Blueprint and Shifts Positions, January 18, 1973.
29: Document 2.12 A Senate Subcommittee Reviews the Overton Park Highway Controversy, April 19, 1978.
30: Document 2.13 President Harrison Carves Out the Sierra Forest Reserve, February 14, 1893.
31: Document 2.14 The Sierra Club Sues to Protect Its Namesake, June 5, 1969.
32: Document 2.15 Justice Douglas Presents an Alternative Vision of Standing to Protect the Environment, April 19, 1972.
33: Document 2.16 Congress Stands Up for Mineral King Valley, November 10, 1978.
34: Document 2.17 The Dawn of a New Year, Decade, and Era in Federal Environmental Law, January 1, 1970.
35: Document 2.18 Election Eve Defiance: President Nixon Vetoes Clean Water Legislation, October 17, 1972.
36: Document 2.19 President Nixon Follows Through on His Threat to Impound Clean Water Funding, November 22, 1972.
37: Document 2.20 The President Takes His Case to the Press (and the American People), January 31, 1973.
38: Document 2.21 Changing the Rules in the Middle of the Game: The Impoundment Control Act of 1974, July 12, 1974.
39: Document 2.22 Tying Up Loose Ends: The Supreme Court Frees Impounded Water Pollution Funding, February 18, 1975.
40: Document 2.23 Pushing the NEPA Envelope: Attempting to Force Federal Officials to Consider Environmental Effects of Their Actions, April 11, 1973.
41: Document 2.24 A Generous View of Compliance with Nepa, June 24, 1975.
42: Notes.
43: Losing Steam: The Court Acts in the Shadow of the Energy Crisis.
44: Document 3.1 President Nixon Calls for Energy Independence, November 7, 1973.
45: Document 3.2 Congress Comes to the Rescue (I) of the Trans-Alaska Pipeline, November 16, 1973.
46: Document 3.3 Congress Comes to the Rescue (II) of Environmental, Civil Rights, and Other Public Interest Attorneys, September 15, 1976.
47: Document 3.4 Congress Incentivizes Public Interest Litigation, October 19, 1976.
48: Document 3.5 Clarifying Congress’s Original Intent, Part One, May 12, 1977.
49: Document 3.6 Enacting a Legislative Fix for Hancock v. Train, August 7, 1977.
50: Document 3.7 Clarifying Congress’s Original Intent, Part Two, July 28, 1977.
51: Document 3.8 Enacting a Legislative Fix for EPA v. California ex rel State Water Res. Control Bd., December 27, 1977.
52: Document 3.9 Reining in State Regulation of Activities Affecting the Coastal Zone in Secretary of the Interior v. California, January 11, 1984.
53: Document 3.10 Closing the Coastal Zone Management Act Loophole, June 11, 1990.
54: Document 3.11 The Utilities Industry Pleads for Economic Considerations in Union Electric Co. v. EPA, August 29, 1975.
55: Document 3.12 The Court in Union Electric Co. v. EPA Expresses Impatience with Industry Delays in Complying with the CAA, June 25, 1976.
56: Document 3.13 Congress Ensures that Federal Agency Activities Do Not Imperil Protected Species, December 28, 1973.
57: Document 3.14 Seeking Federal Protection for a Small Fish, March 7, 1975.
58: Document 3.15 Making it Official: The Snail Darter is Listed, October 9, 1975.
59: Document 3.16 The Department of Interior Begs to Differ with the Government’s Position in TVA v. Hill, January 26, 1978.
60: While TVA v. Hill Moves Toward the Justices, Congress Proposes an Exemption Mechanism, April 12, 1978.
61: Document 3.18 Taking Legislative Notice of a Pending TVA v. Hill, April 13, 1978.
62: Document 3.19 Dam, No: The Majority Reads the Esa Carefully in TVA v. Hill, June 15, 1978.
63: Document 3.20 President Carter Reluctantly Affixes His Signature to Changes in the ESA, November 10, 1978.
64: Document 3.21 The “God Squad” Rules Against the TVA, February 7, 1979.
65: Document 3.22 The Fury of Senator Baker Scorned, January 29, 1979.
66: Document 3.23 Not-So-Easy Rider: Another Attempt to Hijack the Esa Process, June 18, 1979.
67: Document 3.24 President Carter Again Succumbs to Compromise, September 25, 1979.
68: Document 3.25 Look at the Big Picture: The President Justifies His Position on the Tellico Dam, October 20, 1979.
69: Document 3.26 Reclassifying the Snail Darter, July 5, 1984.
70: Document 3.27 The Plaintiffs in Kleppe v. Sierra Club Make Their Case for a Regional EIS, July 13, 1973.
71: Document 3.28 The Court Limits Agency Duties Under Nepa in Kleppe v. Sierra Club, June 28, 1976.
72: Document 3.29 The Energy Conservation Alternative Under Nepa, August 1, 1973.
73: Document 3.30 24 States Urge the High Court to Apply Nepa to the Nuclear Power Plant Approval Process, September 8, 1977.
74: Document 3.31 The Nepa Rules Change that the Court Would Discuss in Andrus v. Sierra Club, November 29, 1978.
75: Document 3.32 A Federal District Court Explains how “Tipping” Occurs, November 15, 1974.
76: Document 3.33 The Three Mile Island Nuclear Accident Hits the Front Page, March 29–31, 1979.
77: Document 3.34 Establishing the Ground Rules for Public Hearings on Restarting TMI-1, August 9, 1979.
78: Document 3.35 The Supreme Court Allows the NCR to Decline to Consider Psychological Distress in Metro. Edison Co. v. PANE, April 19, 1983.
79: Document 3.36 Miles Apart on the Risks of Nuclear Power: Oral Argument in Baltimore Gas & Electric Co. v. NRDC, April 19, 1983.
80: Document 3.37 What was at Stake in Penn Central Transportation Co. v. New York City, March 2, 1978.
81: Document 3.38 Penn Central Introduces a Balancing Test for Regulatory Takings, June 26, 1978.
82: Document 3.39 Designating the San Diego Gas Property as “Open Space,” April 1973.
83: Document 3.40 Justice Brennan’s Influential Dissent in San Diego Gas & Electric Co. v. City of San Diego, March 24, 1981.
84: Document 3.41 Making a Difference in the Fight Against Strip Mining: Honoring the “Heroic Efforts” of Louise Dunlap, August 3, 1977.
85: Document 3.42 Recognizing Congress’s Ample Commerce Clause Power in Hodel I, June 15, 1981.
86: Document 3.43 California’s Moratorium on New Nuclear Power Plants, June 3, 1976.
87: Document 3.44 Upholding California’s Moratorium in Pacific Gas, April 20, 1983.
88: Document 3.45 The Court Allows State Punitive Damages to Survive a Federal Preemption Claim in Silkwood, January 11, 1984.
89: Document 3.46 President Reagan’s Epa Personnel Problem, March 12, 1983.
90: Document 3.47 Chevron U.S.A., Inc. v. NRDC: A Set of Rules for All Seasons, June 25, 1984.
91: Notes.
92: The Rehnquist Court: From Indifference to Antagonism.
93: Document 4.1 Private Property Rights Advocacy in the Supreme Court, May 22, 1986.
94: Document 4.2 The Wait is Over: The Supreme Court Majority Finds a Suitable Regulatory Takings Case, June 9, 1987.
95: Document 4.3 The California Coastal Commission Explains its Exaction of a Public Easement Across a Private Beachfront Property, May 26, 1982.
96: Document 4.4 The Supreme Court Rules Against Coastal Regulators in Nollan v. California Coastal Commission, June 26, 1987.
97: Document 4.5 South Carolina Studies the Effects of Beach Erosion, March 1987.
98: Document 4.6 The Supreme Court Finds in Lucas that South Carolina Has Effected a Total Regulatory Taking, June 29, 1992.
99: Document 4.7 Florida Supplements Supreme Court Takings Law by Passing the Bert Harris Act, May 18, 1995.
100: Document 4.8 Environmental Skepticism During the Oral Argument in Dolan v. City of Tigard, March 23, 1994.
101: Document 4.9 Seeking to Check Congress with a Presidential Signing Statement, October 6, 1992.
102: Document 4.10 CERCLA, the Classic Creature of Compromise, December 2, 1980.
103: Document 4.11 President Reagan Reluctantly Signs Sara, October 17, 1986.
104: Document 4.12 Commerce Clause Complications in Pennsylvania v. Union Gas Co., June 15, 1989.
105: Document 4.13 Under what Conditions can a Parent Corporation be Liable for a CERCLA Violation? June 8, 1998.
106: Document 4.14 The Forest Service Grants a Special Use Permit After Considering the Environmental Impact of a Proposed Ski Resort, July 5, 1984.
107: Document 4.15 Reagan’s CEQ Eliminates the “Worst Case Analysis” Obligation, August 9, 1985.
108: Document 4.16 Does this New Information Warrant a Supplemental EIS? February 21, 1985.
109: Document 4.17 The End of a Long Environmental Battle in the Methow River Valley, January 10, 2001.
110: Document 4.18 Breaching the Elk Creek Dam, August 3, 2008.
111: Document 4.19 An “Objective” View of the CWA from Two U.S. Senators, July 22, 1991.
112: Document 4.20 The New President Brings Loggers and Environmentalists to the Table, April 2, 1993.
113: Document 4.21 The Interior Department “Takes” a Sweet Chevron Victory, June 29, 1995.
114: Document 4.22 A Heated Exchange on Legislative History, June 21, 1991.
115: Document 4.23 What Congress Said They Meant Regarding the Regulation of MWC Ash, October 28, 1983.
116: Document 4.24 The Majority in Warth v. Seldin Reconceptualizes Takings Requirements, June 25, 1975.
117: Document 4.25 Reversing Two Cases with One Provision? September 22, 1992.
118: Document 4.26 Attempting to Prove Direct Environmental Injury in Lujan v NWF, January 28, 1982.
119: Document 4.27 Attempting to Prove Direct Environmental Injury in Lujan v Defenders, November 6, 1986.
120: Document 4.28 The Majority in Lujan v. Defenders Dismisses the “First Law of Ecology,” June 12, 1992.
121: Document 4.29 Disputing the Science Behind an ESA Decision, July 22, 1992.
122: Document 4.30 The Judicial Campaign to Restrict Citizen Efforts to Ensure Compliance with Environmental Laws, June 5, 1999.
123: Document 4.31 In Laidlaw, the Court, Not the Polluter, Decides When an Environmental Dispute Is Over, January 12, 2000.
124: Notes.
125: Will the Climate Change? A Sharply Divided Court Considers Greenhouse Gases, Oil Spills, and Rising Seas.
126: Document 5.1 Arguing for Justice Scalia to Recuse Himself in Cheney v. United States District Court, February 23, 2004.
127: Document 5.2 Justice Scalia Responds and Decides to Participate in the Cheney Case, March 28, 2004.
128: Document 5.3 Winter v. NRDC: A Whale of a NEPA Case, November 12, 2008.
129: Document 5.4 Opting Out of Greenhouse Gas Emission Controls, August 28, 2003.
130: Document 5.5 Standing Up to the EPA: Massachusetts v. EPA, April 2, 2007.
131: Document 5.6 Pushing the Regulatory Takings Argument Too Far, September 12, 2001.
132: Document 5.7 Protecting a National Treasure in Tahoe-Sierra, April 23, 2002.
133: Document 5.8 SWANCC and the Limits of Deference to Federal Agencies, January 9, 2001.
134: Document 5.9 Back to the Regulatory Drawing Board After SWANCC, January 10, 2003.
135: Document 5.10 Victims of the Exxon Valdez Run Aground in the Supreme Court, June 26, 2008.
136: Document 5.11 Attempting a Post-Gulf-Spill Fix for Exxon Shipping, May 11, 2010.
137: Document 5.12 Judicial Takings and Rising Seas: The Problematic Plurality in Stop the Beach Renourishment, June 17, 2010.
138: Document 5.13 A Little Green Flavor in Justice Kagan’s Confirmation Hearing, June 29, 2010.
139: Notes.
Glossary of Acronyms.
Text Credits.
Selected Bibliography.
Index.