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Full-Text Articles in Law
Minnesota Wild, Lisa Heinzerling
Minnesota Wild, Lisa Heinzerling
Georgetown Law Faculty Publications and Other Works
In these remarks I am going to tell two stories and then add - to the growing list compiled so far in this Symposium - two new quasi-religious, metaphorical figures. In keeping with our overall theme of eco-pragmatism, my remarks will be experimental, contingent, even nonlinear. I hope you will indulge me.
A Different Kind Of "Republican Moment" In Environmental Law, Richard J. Lazarus
A Different Kind Of "Republican Moment" In Environmental Law, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The purpose of this Essay is to propose and discuss the possibility that the nation currently faces another, albeit very different, "republican moment" that may well test the future of environmental protection laws in the United States. This new "moment" has as its modifier an uppercase "Republican" rather than a lowercase "republican." While the latter "republican" invokes the political tradition referred to as "civic republicanism," the former "Republican" refers instead to the current National Republican Party. The "moment" facing environmental law is the virtually unprecedented ascendancy of the Republican Party in all three branches of the federal government.
Celebrating Tahoe-Sierra, Richard J. Lazarus
Celebrating Tahoe-Sierra, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The Court's ruling in Tahoe-Sierra is a realization of the current Court's potential to reach a sensible result in a regulatory takings case. Tahoe-Sierra is a major victory for government regulators and environmentalists, but not because it eliminates the takings issue as a substantial concern. Tahoe-Sierra instead finds its significance in its restoration of balance to the Court's takings jurisprudence, signified by a new Court majority with Justice Scalia relegated to a dissent. Without reversing the Court's recent rulings in favor of landowners in takings cases, the Court makes clear that a majority of the Justices have never been prepared …
The Effect Of The Supreme Court's Eleventh Amendment Jurisprudence On Environmental Citizen Suits: Gotcha!, Hope M. Babcock
The Effect Of The Supreme Court's Eleventh Amendment Jurisprudence On Environmental Citizen Suits: Gotcha!, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
The current Supreme Court has substantially expanded the scope of protection from lawsuits accorded to states by the Eleventh Amendment and narrowed the exceptions to its application. As a result, many people are finding they are unable to vindicate federal rights in any court when the defendant is a state or a state agency. The most recent example of this is the Court's decision in South Carolina State Ports Authority v. Federal Maritime Commission, in which the Court extended the reach of the Eleventh Amendment to private administrative enforcement actions against states, thus forsaking completely any connection to the …