There are a number of important environmental cases on the Supreme Court’s agenda as it begins the October Term 2019. On September 26, just four days before the “First Monday of October” when the U.S. Supreme Court will formally close the October Term 2018 and begin the October Term 2019, leading experts in environmental law and the Supreme Court, Professors Jody Freeman and Richard Lazarus will offer an overview of major take-aways, including significant decisions for environmental lawyers, from the Court’s last term before transitioning to both upcoming term cases and continuing cases. The event is sponsored by HLS’s Environmental Law Institute
Panelists will reflect on the Supreme Court’s rulings concerning the extent to which federal courts should defer to agency interpretations of their own regulations (Kisor v. Wilke), the scope of the National Park Service’s authority over “public lands” under the Alaska National Interest Lands Conservation Act (Sturgeon v. Frost); the ability of landowners to bring regulatory takings challenges to state land use restriction in federal court in the first instance (Knick v. Township of Scott, Pennsylvania); the meaning of “critical habitat” under the Endangered Species Act (Weyerhaeuser Co. v. United States Fish and Wildlife Service); and the extent to which the federal Atomic Energy Act preempts a state’s law ban on uranium mining on non-federal lands (Virginia Uranium, Inc. v. Warren).
Experts will also explore cases and rulings to watch in the upcoming term, including whether the Comprehensive Environmental Response, Compensation, and Liability Act preempts state litigation seeking cleanup remedies that may conflict with EPA-ordered remedies (Atlantic Richfield Co. v. Christian); and whether the Clean Water Act prohibits the unpermitted discharge of pollutants into groundwater that eventually flows into protected navigable waters (County of Maui v. Hawaii Wildlife Fund).