A surprising Supreme Court
When is a case about a pipeline about more than the pipeline? When it produces a 5-4 Supreme Court decision with a surprising mix of conservative and liberal Justices on both sides. Their opinions reflect disagreements from the founding era over the role and power of the federal government.
Pipeline developer PennEast has been seeking to build a 116-mile pipeline between Pennsylvania and New Jersey since 2014. The Natural Gas Act of 1938 delegates the federal governmentâs eminent domain power to private parties once the Federal Energy Regulatory Commission (FERC) certifies a pipeline.
PennEast had negotiated the route with New Jersey politicians, but Gov. Phil Murphy pulled a switcheroo and invoked state sovereign immunity under the Eleventh Amendment to block the company from building on state-owned land. The Eleventh Amendment bars states from being sued in federal court by private citizens of other states. New Jersey argued that FERCâs emine
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Americans for Prosperity Foundation v. Bonta (No. 19-251),
Minerva Surgical v. Hologic (No. 20-440),
Johnson v. Guzman Chavez (No. 19-897),
PennEast Pipeline Co. v. New Jersey (No. 19-1309),
Yellen v. Confederated Tribes of the Chehalis Reservation (No. 20-543),
HollyFrontier Cheyenne Refining v. Renewable Fuels Assn (No. 20-472)
In the final day of OT20, the Court handed down its two biggest decisions of the term: In
Brnovich v. Arizona (No. 19-1257), the Court held (in a 6-3 decision by Justice Alito, with Justice Kagan leading the dissent), that two of Arizona’s recently enacted voting restrictions do not violate Section 2 of the Voting Rights Act, and that one in particular (an anti-ballot harvesting measure) was not enacted with a racially discriminatory purpose; and in
Hydro Newsletter - Volume 8, Issue 7: Trump ESA Rule Rollback, Navajo Nation Clean Water Rule Lawsuit Stayed Thursday, July 1, 2021
Services Signal Intent to Roll Back Trump Administration Changes to ESA Rules
On June 4, 2021, the U.S Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (together, the Services) issued a press release announcing their plans to initiate a series of rulemakings in the coming months to revise, rescind, or reinstate Endangered Species Act (ESA) regulations finalized by the prior administration. The Services identified the five following ESA rulemakings:
Revise regulations for interagency cooperation. On August 27, 2019, the Services published a final rule revising the regulations governing ESA section 7 consultation. In part, this rule revised key terms regarding the identification of environmental baseline conditions, potential effects, and the level of causation and certainty required in the review of effects of