Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Environmental Law, W. Scott Laseter, Julie V. Mayfield
Environmental Law, W. Scott Laseter, Julie V. Mayfield
Mercer Law Review
This Article marks the fourth survey of environmental law in the Eleventh Circuit. In terms of environmental issues, the most recent period was an active one for the Eleventh Circuit and its associated district courts during which the appellate court handed down its first Endangered Species Act decisions; issued a sweeping decision under the Comprehensive Environmental Response, Compensation, and Liability Act; and heard several other cases raising important environmental questions. Additionally, the survey period saw a federal district judge from Alabama strike a blow against Superfund's vaunted armor
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
Previous surveys have addressed the trend--or at least what the author perceives to be the trend--of the Eleventh Circuit Court of Appeals in recent years to defer to district court judges' evidentiary decisions. This recent trend can be contrasted with the activism displayed by Eleventh Circuit judges in decisions discussed in earlier survey articles. The effects of this more recent trend are fewer cases in which the Eleventh Circuit devotes extensive examination of evidentiary issues and, when evidentiary issues are addressed, marked deference to district court judges. Although this trend appeared to continue during the current survey period, two decisions …
Bennett V. Plenert: The Ninth Circuit's Application Of The Zone Of Interests Test To Citizen Suits Under The Endangered Species Act, Alyssa Wardrup
Bennett V. Plenert: The Ninth Circuit's Application Of The Zone Of Interests Test To Citizen Suits Under The Endangered Species Act, Alyssa Wardrup
Mercer Law Review
The Ninth Circuit, in Bennett v. Plenert, ruled that plaintiffs' economic injury did not satisfy the requirements for standing under the citizen-suit provision of the Endangered Species Act ("ESA"). The Ninth Circuit imposed the zone of interests test in addition to Article III standing requirements. Under the ESA's citizen-suit provision, the zone of interests test means that plaintiffs must assert "an interest in the preservation of endangered species" to have standing. Plaintiffs appealed the Ninth Circuit's decision, and the Supreme Court has granted certiorari. The Court will likely resolve a division among the circuits in applying or not applying …