Even with most courtwatchers’ eyes on the Kavanaugh nomination, the Supreme Court heard arguments this past week. On Monday, October 1, the first day of the Term, the Court first heard argument in Mount Lemmon Fire Dist. v. Guido an age discrimination case, addressing the narrow issue of whether the Age Discrimination in Employment Act … Continue reading October 1 Arguments: Dusky Gopher Frog Goes to Court
In two recent decisions, the Court has delved into procedural issues with significant impact on the course of actual litigation. In Artis v. District of Columbia, the issue was what happens to the statute of limitations for state law claims when a plaintiff brings both those claims and federal claims in federal court, but the … Continue reading Opinion Update: Environmental Litigation and Statutes of Limitation
Today, the Supreme Court decided Utility Air Regulatory Group v. EPA, which was a consolidation of several cases brought against the EPA. Professor Dan Tarlock (IIT Chicago-Kent College of Law) discusses the complex issues behind the case and the implications of the decision.
Neil Katyal, former Acting Solicitor General, won a unanimous decision in a major climate case in the 2010 Term. But some states continue to sue polluters under their public nuisance laws. Katyal–now a partner at Hogan Lovells LLC–said: “I have to try really hard to come up with a lawsuit that’s less appropriate for the … Continue reading Should states sue polluters under state common law?