Friday, October 24, 2008


How Green Is the High Court? Is the U.S. Supreme Court hostile to environmental regulation? Does it shy away from the tougher environmental questions of today? Or are its decisions a "mixed bag," giving comfort and angst to environmentalists and industry depending on the issue? The justices this term have taken five environmental cases for decision thus far -- a significant number for a relatively small docket. With the exception of the already argued case involving Navy sonar and its impact on whales and other marine mammals, this environmental quintet is unlikely to arouse public passions. But all five cases raise bread-and-butter environmental issues, some with potentially huge implications for the ability of environmentalists and the government to enforce the nation's major environmental laws and for the wherewithal of business and industry to survive and prosper under those laws. Traditional antagonists in these high court cases, environmental and business groups do seem to agree on at least one thing: The five pending cases are likely to be especially revealing of the still-emerging Roberts Court in an area of increasing national and international concern. But their assessments of the Supreme Court in the environmental area are, like the cases this term, widely varying....

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