Environmental Law & Property Rights

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