Environmental Law & Property Rights
- Air Quality
- Energy & Natural Resources
- Enforcement & Compliance
- Hazardous Waste & Toxic Tort
- Land Use
- Water Quality
- Wetlands & Endangered Species
|EPA in the US Supreme Court: EPA v. EME Homer City Generation - Podcast|
On Tuesday, December 10, the Supreme Court heard oral arguments in EPA v. EME Homer City Generation. The Court will be deciding a number of questions: (1) Whether the court of appeals lacked jurisdiction to consider challenges to the Clean Air Act on which it granted relief; (2) whether states are excused from adopting state implementation plans prohibiting emissions that “contribute significantly” to air pollution problems in other states until after the EPA has adopted a rule quantifying each state’s inter-state pollution obligations; and (3) whether the EPA permissibly interpreted the statutory term “contribute significantly” so as to define each upwind state’s “significant” interstate air pollution contributions in light of the cost-effective emission reductions it can make to improve air quality in polluted downwind areas, or whether the Act instead unambiguously requires the EPA to consider only each upwind state’s physically proportionate responsibility for each downwind air quality problem. Mark DeLaquil attended oral arguments and offered his impressions to a live Courthouse Steps Teleforum audience.
|The Electorate and the Courts - Event Audio/Video|
Closing Panel: The Electorate and the Courts
|Showcase Panel IV: Textualism and Statutory Interpretation - Event Audio/Video|
In recent years, textualism has come to replace legislative history as the most important tool available to Supreme Court Justices when interpreting statutory text. This panel will examine the new textualism and will debate its merits. What are the arguments for and against textualism? When, if ever, ought a judge consider legislative history? This panel will also address the question of whether theJjustices all share the same approach to statutory interpretation or whether they continue to diverge in predictable ways. What effect does the choice of interpretive techniques have on congressional drafting of legislation in the future?
The Federalist Society's Practice Groups presented this showcase panel on "Textualism and Statutory Interpretation" on Saturday, November 16, during the 2013 National Lawyers Convention.
Showcase Panel IV: Textualism and Statutory Interpretation
|Sixth Annual Rosenkranz Debate - RESOLVED: Courts are too Deferential to the Legislature - Event Audio/Video|
The Sixth Annual Rosenkranz Debate was held on November 16, 2013, during The Federalist Society's 2013 National Lawyers Convention. The topic of the debate was "RESOLVED: Courts are too Deferential to the Legislature" and featured Prof. Randy Barnett of Georgetown University Law Center and Judge J. Harvie Wilkinson of the U.S. Court of Appeals for the Fourth Circuit. Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit moderated.
Sixth Annual Rosenkranz Debate