Environmental Law & Property Rights

James Madison by Richard Brookhiser - Podcast

Tue, 01 May 2012 00:00:00 EST

Richard Brookhiser's book examines the life of America's fourth President, James Madison, including his role in advising Thomas Jefferson, his relationships with various Founding Fathers, including George Washington, John Adams, Thomas Jefferson, and Alexander Hamilton. Featuring Mr. Richard Brookhiser, Author of James Madison and Columnist for American History and National Review Magazines, and Mr. James A. Haynes of the Federalist Society's Professional Responsibility & Legal Education Practice Group Executive Committee and Baltimore Lawyers Chapter. [Listen now!]

EPA and U.S. Army Corps Seek to Expand Jurisdiction Under the Clean Water Act

Tue, 24 Apr 2012 00:00:00 EST

Deidre G. Duncan, Kerry L. McGrath

The U.S. Army Corps of Engineers (“Corps”) and U.S. Environmental Protection Agency (“EPA”) (jointly, the “Agencies”) are in the process of issuing a guidance that would expand the scope of their jurisdiction under the Clean Water Act (“CWA”). At the same time, the U.S. Supreme Court recently issued a decision in Sackett v. Environmental Protection Agency that could cause the Agencies’ assertions of CWA jurisdiction to be given greater scrutiny because it allows regulated parties to challenge compliance orders issued under the CWA and may provide support for challenging jurisdictional determinations made by the Agencies outside the context of a compliance order. [Read more!]

Does the Takings Clause Have an Expiration Date?

Tue, 24 Apr 2012 00:00:00 EST

Michael James Barton, Brandon Simmons

In the last Term, the United States Supreme Court declined to review two property rights cases: Guggenheim v. City of Goleta, from the United States Court of Appeals for the Ninth Circuit, and CRV Enterprises v. United States, from the United States Court of Appeals for the Federal Circuit. Some observers expected the Court to grant the petitions for certiorari for these cases because both appellate decisions appeared to depart from the Court’s opinion in Palazzolo v. Rhode Island, which held that a claim brought under the Takings Clause of the Fifth Amendment could not be dismissed for lack of standing merely because the property owner had purchased the property after it became subject to the regulation effecting the alleged taking. Observers may have had additional hope that the Court would grant certiorari in Guggenheim and CRV Enterprises because of the circuits that decided the two cases: the Federal Circuit and Ninth Circuit have been described as having the worst and second-worst reversal rates, respectively, among the federal courts of appeal. Instead, the Court denied both petitions for certiorari, thus leaving unanswered the question: does the Takings Clause have an expiration date? [Read more!]

An Assessment of the June 2012 Rio+20 UN Conference on Sustainable Development

Tue, 24 Apr 2012 00:00:00 EST

Christopher C. Horner

By its Resolution A/RES/64/236 of December 24, 2009, the United Nations General Assembly blessed preparations for the United Nations Conference on Sustainable Development 2012. The Resolution was titled “Implementation of Agenda 21, the Programme for the Further Implementation of Agenda 21 and the outcomes of the [2002 Johannesburg] World Summit on Sustainable Development.” [Read more!]

The Keystone Pipeline - Podcast

Tue, 03 Apr 2012 00:00:00 EST

Daniel R. Simmons, Mark Squillance, Dean A. Reuter

The Keystone Pipeline is designed to transport petroleum products from Northeast Alberta, Canada, to as far away as the Gulf Coast of Texas. Proponents argue that the pipeline is essential to lower the cost of petroleum products and increase America’s energy independence. Opponents assert that the process used to “mine” the sand oils in Canada is not environmentally friendly, and that the pipeline itself presents environmental hazards that have not been completely taken into account. As Canada’s oil production and exports increased, President Obama postponed a decision that would have permitted construction of the pipeline extension. Our experts will discuss the merits of the pipeline from differing perspectives. Featuring Mr. Daniel Simmons of the Institute for Energy Research and Prof. Mark Squillace of the University of Colorado Law School. [Listen now!]

Sackett v. EPA: When May a Landowner Take the EPA to Court? - Podcast

Thu, 23 Feb 2012 00:00:00 EST

Damien Schiff, Dean A. Reuter

On January 9, 2012, the Supreme Court heard oral argument in Sackett v. EPA. The case involves two landowners who graded a lot in a residential subdivision to build a home and were issued an administrative compliance order by the EPA stating that the graded lot was a wetland requiring them to either restore the lot to its original condition or risk civil fines for each day of non-compliance. Do the petitioners have a right to seek judicial review of an EPA compliance order prior to the EPA's official enforcement of that order in court and does the compliance order deprive the landowners of due process of law? On this previously recorded conference call, Mr. Damien Schiff of the Pacific Legal Foundation discusses these and other issues and answers questions from the callers.

The Compact Clause and Interstate Compacts - Podcast

Tue, 21 Feb 2012 00:00:00 EST

Michael S. Greve, Nick Dranias, Dean A. Reuter

The Compact Clause of the Constitution provides that "[n]o State shall, without the Consent of Congress... enter into any Agreement or Compact with another State, or with a foreign Power." The Supreme Court requires congressional consent only for interstate compacts that attempt to enhance "states power quoad [relative to] the federal government" opening the door to approximately 200 interstate compacts. On this previously recorded conference call, the speakers discuss states’ rights, the issues that arise from interstate compacts, and their impact on federal programs. Featuring Dr. Michael Greve of the American Enterprise Institute and Mr. Nick Dranias of the Center for Constitutional Government at the Goldwater Institute. [Listen now!]

Rent Control and the Supreme Court: Harmon v. Markus - Podcast

Thu, 16 Feb 2012 00:00:00 EST

Richard A. Epstein, Dean A. Reuter

In March 2011, the Second Circuit Court of Appeals issued summary judgment in Harmon v. Markus, a challenge to New York's rent stabilization law by Mr. John Harmon, whose townhouse has been occupied for years by tenants paying rent equal to about 60% of market value. The Second Circuit ruled that "government regulation of the rental relationship does not constitute a physical taking" in light of the Supreme Court precedent, and that Mr. Harmon was therefore not entitled to just compensation. The Supreme Court has asked New York City and the tenants to file a response to the certiorari petition filed by Mr. Harmon. On this previously recorded conference call, Prof. Richard Epstein provides analysis of the case and rent control statutes as they relate to the Takings Clause and answers questions from the callers.

Keynes vs. Hayek: The Clash that Defined Modern Economics - Podcast

Tue, 07 Feb 2012 00:00:00 EST

Nicholas Wapshott, James A. Haynes

Nicholas Wapshott's book examines the vastly divergent economic philosophies of John Maynard Keynes and Friedrich von Hayek. Messrs. Keynes and Hayek studied the normal course of the capitalist business cycle, especially after World War I, but reached radically different opinions about the role governments should play in regulating and ameliorating the effects of the business cycle. These two gentlemen, two of the most influential economic thinkers of the 20th Century, participated in on-going debates about the respective merits of their own philosophies and the demerits of the other's philosophies. Mr. Wapshott examines these debates and expounds on them in this podcast. Featuring Mr. Nicholas Wapshott, Author of Keynes vs. Hayek: The Clash that Defined Modern Economics, and Mr. James A. Haynes of the Professional Responsibility & Legal Education Practice Group Executive Committee and the Baltimore Lawyers Chapter.

California in Crisis: Are People and Jobs Leaving for Better Pastures? - Event Audio

Sat, 28 Jan 2012 00:00:00 EST

William J. Emanuel, Jed Kolko, H. Scott Leviant, David A. Schwarz, Kate Comerford Todd, Carlos T. Bea, Leonard A. Leo

Much has been written lately about companies’ unwillingness to invest or create new jobs in California. 2010 was the first census in which California did not add a member of Congress. Other states, including Texas, are seeing large influxes of new jobs and people. Some have suggested that California law (as passed by the legislature and as made by the courts) contributes to a negative business climate that discourages investment and job creation. This panel will look at California laws involving employment issues, tort liability, and environmental regulation and compare California’s approach to those of other states, including Texas to determine whether the law has become an impediment to job creation in California. This panel was featured at the Sixth Annual Western Conference on January 28, 2012. Featuring Mr. William J. Emanuel of Littler Mendelson PC; Mr. Jed Kolko of Trulia; Mr. H. Scott Leviant of Spiro Moss LLP; Mr. David A. Schwarz of Irell & Manella LLP; Ms. Kate Comerford Todd of the National Chamber Litigation Center; and Judge Carlos T. Bea of the U.S. Court of Appeals for the Ninth Circuit as the moderator. Introduction by Mr. Leonard A. Leo, Executive Vice President of The Federalist Society.

EPA Regulation of Fuel Economy: Congressional Intent or Climate Coup?

Wed, 11 Jan 2012 00:00:00 EST

Marlo Lewis

In May 2010, the Environmental Protection Agency (EPA) issued a rule setting standards for motor vehicle greenhouse gas emissions. By creating these standards, EPA is implicitly regulating fuel economy. Because the rule also obligates EPA to regulate greenhouse gases from stationary sources, the agency is now determining national policy on climate change. EPA has asserted that it is simply implementing the Clean Air Act. But the Clean Air Act was neither designed nor intended to regulate greenhouse gases, and it provides no authority to regulate fuel economy... [Read more!]

Rebuilding the Ark: New Perspectives on Endangered Species Act Reform, Edited by Jonathan H. Adler

Wed, 14 Dec 2011 00:00:00 EST

James S. Burling

In many segments of the environmental community, the notion of touching the ESA is akin to skinning baby harp seals alive. So it is with some boldness that Jonathan Adler, a Professor of Law and Director of the Center for Business Law and Regulation at Case Western Reserve University School of Law, has pulled together a collection of essays centered around proposals to reform the ESA. [Read more!]

Property Rights: The Forgotten Spark of the Arab Spring - Event Audio/Video

Sat, 12 Nov 2011 00:00:00 EST

Hernando de Soto, Steven J. Eagle, John D. Echeverria, Donald J. Kochan, Jerry E. Smith

The Environmental Law & Property Rights Practice Group hosted this panel on "Property Rights: The Forgotten Spark of the Arab Spring" on Saturday, November 12, 2011, during the 2011 National Lawyers Convention. The panel featured Mr. Hernando de Soto of the Institute for Liberty and Democracy; Prof. Steven J. Eagle of George Mason University School of Law; Prof. John D. Echeverria of Vermont Law School; Prof. Donald J. Kochan of Chapman University School of Law; and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit as the moderator.

Engage Volume 12, Issue 1, June 2011

Wed, 08 Jun 2011 00:00:00 EST

The June 2011 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]

Judicial Takings After Stop the Beach Renourishment v. Florida Department of Environmental Protection

Fri, 03 Jun 2011 00:00:00 EST

James S. Burling

We know it is possible for the executive and legislative branches of government to take property. It happens all the time. A department of transportation may condemn property for a road, or a local municipality may zone a parcel into inutility, giving rise to liability under an inverse condemnation claim. But what about the judicial branch? Can it take property? ...

Ninth Circuit Amends the Clean Water Act . . . or Does It?

Fri, 03 Jun 2011 00:00:00 EST

Mark C. Rutzick

Images of Northwoods logging giant Paul Bunyon have faded for most Americans, but the cable TV hit series “Ax Men” has now revived the hardscrabble persona of the modern American logger—early-rising men who perilously cut down large trees on steep hillsides deep in a thick forest, and then use large and dangerous machines to lift logs onto a waiting truck...

Regulatory Takings

Fri, 03 Jun 2011 00:00:00 EST

William M. Treanor

The following article is Dean Treanor’s portion of a debate with Professor Richard Epstein during an event on regulatory takings at the Fordham University School of Law moderated by Judge Loretta Preska of the U.S. District Court for the Southern District of New York. We carried Prof. Epstein’s remarks in the last edition of Engage, available here: http://www.fed-soc.org/publications/detail/the-spurious-constitutional-distinction-between-takings-and-regulation.

I would like to start by talking about what the original understanding of the regulatory takings doctrine was, which I think was the first question that Judge Preska asked. The original understanding is, very simply, that there is no regulatory takings doctrine...

NRC Delays Judicial Review of the Yucca Project Termination

Tue, 08 Mar 2011 00:00:00 EST

C.J. Milmoe

From its inception, the nuclear power industry has been hounded by its critics, who ask, "What will be done with the spent nuclear fuel?", and its would-be friends, who say, "I'd like to see more reactors, but first we have to solve the spent nuclear fuel problem." Nuclear fuel goes into reactors as uranium pellets contained in tubes that are bundled into fuel assemblies. After four to six years in the reactor the fuel is "spent." The spent nuclear fuel (SNF) is removed from the reactor and stored on-site for a cool-down period of at least ten years. After the cooling-off period, the SNF can be shipped off-site for recycling (the "closed cycle" approach) or burial (the "open cycle" approach)...The closed and open cycle solutions each have technical advantages and disadvantages, and different countries have chosen one or the other for policy reasons. Initially, in the United States, the industry took the closed cycle approach, with private sector facilities performing the recycling. This lasted until 1982, when Congress passed the Nuclear Waste Policy Act (NWPA).

The Sacramento-San Joaquin Delta Litigation: A Brief Summary

Thu, 23 Dec 2010 00:00:00 EST

Brandon M. Middleton

California’s Sacramento-San Joaquin Delta serves as a dynamic ecosystem as well as a critical supply of water for millions of people in the Golden State. While these two purposes do not necessarily conflict with each other, recent periods of limited precipitation in Northern California have made it difficult to adequately provide for both environmental and socioeconomic needs.

EPA's Proposed Regulation of Coal Ash

Thu, 23 Dec 2010 00:00:00 EST

Steven Burns, Mary Samuels

On June 21, 2010, EPA published proposed regulations for the management of coal combustion byproducts (“CCBs”). CCBs (which EPA refers to as “coal combustion residuals” or “CCRs”)) are the materials that remain after coal is burned for electricity. CCBs include fly ash, fine particles that rise out of the top of the boiler; bottom ash, larger particles that drop to the bottom; and gypsum, the byproduct of flue gas desulfurization devices commonly known as “scrubbers.” CCBs are typically placed in a water solution to facilitate transport via pipelines, and at many plants, they are deposited in surface impoundments commonly referred to as “ash ponds” or “gypsum ponds.” At others, they are dried and “stacked” in landfills. Some CCBs can be essentially recycled as components in concrete, wallboard, and other products.

The Keystone Pipeline

Fri, 16 Mar 2012 00:00:00 EST

Daniel R. Simmons, Mark Squillance

The Keystone Pipeline is designed to transport petroleum products from Northeast Alberta, Canada, to as far away as the Gulf Coast of Texas. Proponents argue that the pipeline is essential to lower cost petroleum products and increase America’s energy independence. Opponents assert that the process used to “mine” the sand oils in Canada is not environmentally friendly, and that the pipeline itself presents environmental hazards that have not been completely taken into account. As Canada’s oil production and exports increased, President Obama postponed a decision that would have permitted construction of the pipeline extension. Our experts will discuss the merits of pipeline from differing perspectives. Featuring Mr. Daniel Simmons of the Institute for Energy Research and Prof. Mark Squillace of the University of Colorado Law School.

Sackett v. EPA

Thu, 09 Feb 2012 00:00:00 EST

Damien Schiff

On January 9, 2012, the Supreme Court heard oral argument in Sackett v. EPA. The case involves two landowners who graded a lot in a residential subdivision to build a home and were issued an administrative compliance order by the EPA stating that the graded lot was a wetland requiring them to either restore the lot to its original condition or risk civil fines for each day of non-compliance. Do the petitioners have a right to seek judicial review of an EPA compliance order prior to the EPA's official enforcement of that order in court and does the compliance order deprive the landowners of due process of law? The speakers will discuss these and other issues and will take questions from the callers. Featuring Mr. Damien Schiff of the Pacific Legal Foundation and Counsel for the Petitioners.

2010 National Lawyers Convention

Wed, 24 Mar 2010 00:00:00 EST

Barry E. Carter, Maureen K. Ohlhausen, Patrick McSweeney, Antonin Scalia, Dennis G. Jacobs, Marvin Ammori, Paul S. Atkins, John S. Baker, Jr., Randy E. Barnett, Sara Sun Beale, Bradford A. Berenson, Lillian R. BeVier, Carl T. Bogus, James Bopp Jr., Steven G. Calabresi, Michael A. Carvin, Ronald A. Cass, Michael Chertoff, Roger Clegg, Robert D. Cooter, R. Ted Cruz, Frank H. Easterbrook, John C. Eastman, Richard A. Epstein, William N. Eskridge, Jr., David French, Charles Fried, Richard W. Garnett, Michael Gerhardt, C. Boyden Gray, Thomas W. Hazlett, Christine Jolls, Douglas T. Kendall, Lloyd Hitoshi Mayer, Edwin Meese III, Thomas W. Merrill, Paul R. Michel, John O. McGinnis, Barrington D. Parker, Jr., Michael S. Paulsen, Thomas R. Phillips, A. Raymond Randolph, David B. Rivkin, Jr., Mark F. Schultz, Bradley A. Smith, Paul M. Smith, Margaret D. Stock, Thomas J. Tauke, Clifford W. Taylor, Mark Tushnet, Eugene Volokh, Howard Waltzman, Ruth J. Wedgwood, J. Harvie Wilkinson III, Mitch McConnell, Noah D. Bookbinder, Lawrence A. Hamermesh, Brett M. Frischmann, Gigi B. Sohn, Kris W. Kobach, James C. Ho, William H. Pryor Jr., Joel R. Reidenberg, Diane S. Sykes, Jeffrey Bossert Clark, Kenneth T. Cuccinelli, Edith H. Jones, Ronald M. Levin, Victoria A. Lipnic, Roger Martella Jr., Diarmuid F. O'Scannlain, Roger Pilon, Rena I. Steinzor, Sarah B. Teslik, Peter J. Wallison, Arthur E. Wilmarth, John C. Yoo, Michael Barone, Michael S. Lee, Michael J. Madigan, Lanny J. Davis, Brett M. Kavanaugh, Jan Crawford, Carlos T. Bea, Kim Bobo, Shawn H. Chang, Thomas M. Hardiman, Jordan Lorence, Jeffrey P. Mahoney, Robert M. McDowell, Margaret E. McGuinness, Brandon Rees, David B. Sentelle, Jerry E. Smith, David Stras, Jeffrey S. Sutton, C. Gibson Vance, Pete Williams, Michael R. Pence, Daniel E. Lungren, Jeffrey Rosen

The Federalist Society's National Lawyers Convention is scheduled for Thursday, November 18 through Saturday, November 20 at the Mayflower Hotel. The theme for this year's convention is "Controlling Government: The Framers, the Tea Parties and the Constitution." The Annual Dinner will take place the evening of Thursday, November 18 at the Omni Shoreham Hotel. [Register now!]

Regulatory Authority in the EPA

Mon, 07 Jun 2010 00:00:00 EST

Ronald A. Cass, Jeffrey Bossert Clark, Jason A. Schwartz, Robert Verchick, Douglas T. Nelson The Environmental Protection Agency has broad discretion, delegated to it by Congress in several different legislative acts, in regulating all manner of pollutants. But what are the limits of that discretion? To what extent must and should regulators consider the costs of proposed regulations and weigh them against the benefits of those regulations? Should the EPA balance economic costs on one side, and benefits to health and the environment on the other side? Or are certain environmental or health hazards so dire that regulating them must be done at virtually any cost? On what type of information or science may the EPA rely in reaching its conclusions, deciding to regulate, and deciding how to regulate? These and other questions will be discussed by our panel of experts.

2009 National Lawyers Convention

Thu, 30 Apr 2009 00:00:00 EST

Samuel A. Alito, Douglas H. Ginsburg, Guido Calabresi, Frank H. Easterbrook, Jefferson B. Sessions III, Paul S. Atkins, Randy E. Barnett, Janice Rogers Brown, Linda Chavez, Mariano-Florentino (Tino) Cu�llar, Susan E. Dudley, Miguel Estrada, Richard A. Epstein, Steve Forbes, Maurice R. Greenberg, Michael S. Greve, Oona Hathaway, Peter N. Kirsanow, David G. Leitch, Michael W. McConnell, Burt Neuborne, Jeremy A. Rabkin, A. Raymond Randolph, Theodore M. Shaw, Stephen Bainbridge, Carlos T. Bea, Stephanie R. Breslow, Fran�ois-Henri Briard, Alan E. Brownstein, Ronald A. Cass, John C. Eastman, C. Boyden Gray, Lisa Heinzerling, Edith H. Jones, David A. Katz, Brett M. Kavanaugh, F. Scott Kieff, Michael Livermore, Ira C. "Chip" Lupu, Paul G. Mahoney, Robert D. McTeer, Michael J. Meurer, Geoffrey P. Miller, Alan B. Morrison, Diarmuid F. O'Scannlain, Michael Paese, Harvey L. Pitt, William H. Pryor Jr., Lucas "Scot" A. Powe Jr., Jamin Ben Raskin, Daniel B. Ravicher, Andrew J. Redleaf, Roberta Romano, David B. Sentelle, Catherine M. Sharkey, Amity Shlaes, Damon A. Silvers, Jerry E. Smith, Gigi B. Sohn, Ilya Somin, Bret Stephens, Jeffrey S. Sutton, Diane S. Sykes, Daniel E. Troy, J.W. Verret, Steven M.H. Wallman, John P. Walters, W. Bradley Wendel, Shirley J. Wilcher, J. Harvie Wilkinson III, Stephen F. Williams, Todd J. Zywicki, John A. Allison, John S. Baker, Jr., Jennifer Walker Elrod, Malcolm M. Feeley, Thomas W. Hazlett, Roderick M. Hills Jr., Brian H. Hook, Daryl Joseffer, Annette L. Nazareth, Aryeh Neier, Jed Rubenfeld, Robert P. Young, Jr., David Zaring, Mark R. Levin, Thomas M. Hardiman, John F. Manning, William Black, Cornish F. Hitchcock, Steven J. Law, Harold Meyerson, Alex J. Pollock, Andrew L. Stern, Michael B. Mukasey, David Berenbaum, Robert M. McDowell, Mark F. Schultz, David M. McIntosh, Kyle E. McSlarrow, Seton Motley, Laura M. Olson, Marvin Ammori

The Federalist Society's National Lawyers Convention is scheduled for Thursday, November 12 through Saturday, November 14 at the Mayflower Hotel. The theme for this year's convention is "The Federal Government's Economic Role in our Constitutional System." The Annual Dinner will take place the evening of Thursday, November 12 at the Omni Shoreham Hotel. [Register now!]

California Water Rights � Who is in Control?

Wed, 16 Sep 2009 00:00:00 EST

Laurence Kerchkoff, Roderick Walston, Shelley Saxer, Timothy Tower

Speakers:

Roderick Walston, Best, Best & Krieger
Paul Singarella, Latham & Watkins
Professor Shelley Saxer, Pepperdine School of Law
Hon.Timothy Tower, Superior Court Judge (ret.)

The Clean Water Act: Where Should Federal Authority Dry Up?

Thu, 05 Mar 2009 00:00:00 EST

Patrick A. Parenteau, Jonathan H. Adler, M. Reed Hopper, Christopher Kilian, Leigh Gilligan

In the 2006 plurality decision in Rapanos v. United States, the Supreme Court limited the scope of the Clean Water Act’s protection of “navigable waters” to only include those bodies of water that are “permanent, standing or continuously flowing,” and thus did not apply to channels through which water flows only some of the time. A concurring opinion by Justice Kennedy held that Clean Water Act jurisdiction extended only to those wetlands and waters with a “significant nexus” to navigable waters. Substantial litigation and regulatory uncertainty followed in the wake of the Rapanos decision, as courts, regulators, and private landowners sought to identify the statutory limits of federal regulatory authority. In response to Rapanos and the resulting regulatory uncertainty, Representative James Oberstar (D-MN) introduced the Clean Water Restoration Act. According to the Congressman’s website, this legislation would “fix the Clean Water Act.” The legislation, if enacted, would significantly expand federal regulatory authority over waters and wetlands and would allow the Environmental Protection Agency and the U.S. Army Corps of Engineers to enforce the Clean Water Act on wetlands, streams and ponds that are unconnected to any a major navigable waterway. Is such legislation sound policy? Would the Clean Water Restoration Act provide regulatory uncertainty or enhance environmental protection? Or would it create further regulatory nightmares for private landowners? Is Congress likely to consider this legislation during its current session? If so, is the Obama Administration likely to support it? Join the Boston Lawyers Chapter and the Environmental Law & Property Rights Practice Group on March 26 as a panel of experts discuss these and other questions. [RSVP now!]

A Conversation on Climate Change Policy: A Look Ahead at 2009

Tue, 03 Feb 2009 00:00:00 EST

Michael Vandenbergh, Jonathan H. Adler

Speakers:

Prof. Jonathan Adler, Case Western School of Law
Prof. Michael Vandenbergh, Vanderbilt University School of Law

Federal Regulation of Water Transfers

Thu, 17 Apr 2008 00:00:00 EST

Gil Rogers, Brent A. Fewell, Steve McKinney, James Nutt

Speakers:

James Nutt, South Florida Water Management District
Gil Rogers, Southern Environmental Law Center
Brent Fewell, Hunton & Williams, Former U.S. EPA Deputy Assistant Administrator for the Office of Water
Steven G. McKinney, Balch & Bingham LLP, Moderator

Eminent Domain, Property Rights, and Ballot Proposals: Where Do the Government Powers End and the Citizens' Rights Begin?

Fri, 11 Apr 2008 00:00:00 EST

Donald J. Kochan, Kendall MacVey, Lawrence Rosenthal, Timothy Sandefur After Kelo, there has been a heightened debate over the use of eminent domain, or condemnation, power, particularly when the ultimate beneficiaries are private parties and special interests. There has been a grassroots and citizen-based uproar as a result of the belief that the government is abusing its power through certain exercises of eminent domain. Some have stormed the legislative halls, courts, and newsrooms demanding a more just appreciation of property rights. This panel will discuss these issues in relation to California Proposals 98 and 99.

2007 National Lawyers Convention

Fri, 16 Mar 2007 00:00:00 EST

Samuel A. Alito, Randy E. Barnett, Robert H. Bork, Frank H. Easterbrook, Richard A. Epstein, Charles Fried, Jamie Gorelick, Gail Heriot, Neal K. Katyal, Alex Kozinski, Andrew C. McCarthy, Michael W. McConnell, Edwin Meese III, Theodore B. Olson, Walter K. Olson, Stephen Reinhardt, John G. Roberts Jr., Antonin Scalia, Phyllis Schlafly, Jay Alan Sekulow, Nadine Strossen, George J. Terwilliger III, David C. Vladeck, Eugene Volokh, Akhil Reed Amar, Robert Audi, John S. Baker, Jr., Michael Barone, Bob Barr, Carlos T. Bea, Fran�ois-Henri Briard, Janice Rogers Brown, James S. Burling, Steven G. Calabresi, Lawrence W. Casey, Ronald A. Cass, Brett M. Kavanaugh This year marks the 25th Anniversary of the Federalist Society and on November 15-17 we will be celebrating this milestone during our Annual National Lawyers Convention. The theme for this year's convention is "Shining City Upon a Hill: American Exceptionalism." In addition to the numerous panels containing noted legal experts and scholars from across the political spectrum, The convention will also feature the Seventh Annual Barbara K. Olson Memorial Lecture, to be delivered by Chief Justice John Roberts. The highlight of the convention will be the 25th Anniversary Gala, attended by many more special guests, which will be held in the Main Hall of Washington, DC's Union Station.
[Register now!]

Enforcement of the Clean Water Act

Tue, 21 Aug 2007 00:00:00 EST

In the 2006 plurality decision in Rapanos v. United States, the Supreme Court limited the scope of the Clean Water Act's protection of "navigable waters" to only include those bodies of water that are "permanent, standing or continuously flowing," and thus did not apply to channels through which water flows only some of the time. In the wake of the Rapanos decision, Rep. James Oberstar (MN) has sponsored the Clean Water Restoration Act of 2007 that would "fix the Clean Water Act," according to the Congressman's website. This legislation would allow the Environmental Protection Agency and the U.S. Army Corps of Engineers to enforce the Clean Water Act on wetlands, streams and ponds that are not part of a major "navigable" waterway. Please join us as a panel of experts discusses these issues. [Register here]

How Should the Courts Interpret Split Decisions?

Tue, 19 Jun 2007 00:00:00 EST

The Supreme Court occasionally renders plurality opinions, which may involve 4-1-4 decisions or any number of other formulations of justices where no clear majority on particular issues emerges. These plurality opinions often address significant issues yet, due to the lack of a clear majority, are difficult for the lower courts, the regulated community, and practitioners to interpret and apply. On June 21, the Federalist Society presented a live audiocast of a panel of experts who discussed these issues and more. [Click here to listen to a replay of this event]

Renewable Energy: Practical Alternatives or Costly Diversion of Resources?

Tue, 22 May 2007 00:00:00 EST

Speakers:

Jeffrey B. Clark, Kirkland & Ellis LLP
Kenneth P. Green, American Enterprise Institute
Sam Watson, Senior Staff Attorney, North Carolina Utilities Commission

Nanotechnology: Innovation and Regulation

Fri, 04 May 2007 00:00:00 EST

Speakers Include:

Prof. F. Scott Kieff, Research Fellow, Hoover Institution, Stanford University
Lynn L. Bergeson, Member, Bergeson & Campbell, P.C.
Elizabeth D. Gobeil, Partner, Thompson Hine LLP
Leonard A. Leo, Executive Vice President, The Federalist Society (Moderator)

The Future of Wetlands Regulation in a Post-Rapanos World

Wed, 14 Mar 2007 00:00:00 EST

Speakers include:

Reed Hopper, Pacific Legal Foundation, argued Rapanos for the landowner
Roderick E. Walston, former acting solicitor of the U.S. Department of the Interior and Best Best & Krieger
Jonathan Foster, Wetlands Project Manager, Jones & Stokes