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Environmental Law & Property Rights

Henderson v. United States - Post-Argument SCOTUScast

SCOTUScast 4-7-15 featuring David Post
David G. Post April 07, 2015

On February 24, 2015, the Supreme Court heard oral argument in Henderson v. United States. The question in this case is whether under Rule 41(g) of the Federal Rules of Criminal Procedure or under general principles of equity the court can order the government to either transfer firearms owned by a convicted felon to a third party or sell the firearms and return the proceeds to the defendant or whether the defendant's felony conviction, which renders the defendant legally unable to own firearms, prevents this.

To discuss the case, we have Prof. David Post, who is a Professor of Law at the Temple University Beasley School of Law.

Michigan v. Environmental Protection Agency - Post-Argument SCOTUScast

SCOTUScast 3-31-15 featuring Jonathan Adler
Jonathan H. Adler March 31, 2015

On March 24, 2015, the Supreme Court heard oral argument in Michigan v. Environmental Protection Agency. The question in this case is whether the Environmental Protection Agency was acting unreasonably when it did not consider the costs of compliance in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities

To discuss the case, we have Jonathan Adler, who is the Johan Verheij Memorial Professor of Law; Director, Center for Business Law and Regulation at the Case Western Reserve University School of Law.

Environmental Protection Agency Back in the Supreme Court: Michigan v. EPA - Podcast

Environmental Law & Property Rights Practice Group Podcast
Jonathan H. Adler March 27, 2015

On March 25, 2015, the United States Supreme Court heard oral arguments in Michigan v. Environmental Protection Agency. The case is comprised of three consolidated petitions, one from a group of 21 states, one from the trade group for electrical power plants, and one from the trade group for suppliers of coal to these plants. The Court will answer “Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.”

  • Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law

“Sue-and-Settle” and the Endangered Species Act - Podcast

Environmental Law & Property Rights and Federalism & Separation of Powers Practice Groups Podcast
Susan Combs, Justin Pidot, William Yeatman February 18, 2015

Endangered Species Act listing settlements between the Environmental Protection Agency and private parties have not always allowed state participation or input. Truncated legal proceedings may not sufficiently recognize private partnerships with states to remedy habitat conservation concerns. State actors, energy industries, ranchers, and private property owners have asked how the process may better serve all interests. As some states face settlement decrees that represent potentially dozens – to over a hundred – new listings, is there a way to ensure equity and full process for all concerned parties?

  • Hon. Susan Combs, Former Comptroller of Public Accounts, State of Texas
  • Prof. Justin Pidot, University of Denver Sturm College of Law
  • William Yeatman, Senior Fellow, Competitive Enterprise Institute

Keystone XL in the Nebraska Supreme Court - Podcast

Environmental Law & Property Rights Practice Group Podcast
Katie Spohn, J. Tyler Ward January 29, 2015

On January 9, 2015, the Nebraska Supreme Court held that the law dictating the potential path of the Keystone XL pipeline through the state was not unconstitutional. President Obama previously cited the pending lawsuit as a reason to delay making an approval decision on the controversial pipeline project. Nebraska’s former Deputy Attorney General Katie Spohn argued the case, and she joined a Teleforum conference call to discuss the decision and potential upcoming Keystone XL litigation.

  • Katie Spohn, Partner, Bruning Law Group, LLC
  • Moderator: J. Tyler Ward II, Member, Environmental Law & Property Rights Practice Group Executive Committee