National Association of Home Builders v. Defenders of Wildlife
National Association of Home Builders v. Defenders of Wildlife concerns the relationship between the Clean Water Act and the Endangered Species Act. The Court, reversing a Ninth Circuit decision, upheld the transfer of NPDES permitting functions to state officials, despite a claim that this could harm certain listed species. The relevant provision of the CWA was found to govern, in the face of an argument that the ESA was violated. Justice Alito wrote the opinion, which was joined by Chief Justice Roberts and Justices Scalia, Kennedy and Thomas. Justices Stevens, Souter, Ginsburg and Breyer dissented.
Posted: June 26, 2007

Wilkie v. Robbins
Wilkie v. Robbins involves efforts by the Bureau of Land Management to regulate cattle grazing on federal lands. A landowner brought an action under RICO and Bivens against several BLM agents for alleged harassment and intimidation. The Tenth Circuit refused to dismiss portions of the suit. The Supreme Court reversed, finding that the landowner did not have a private action for damages. Justice Souter wrote the opinion and was joined by Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, Breyer, and Alito. Justices Ginsburg and Stevens concurred in part and dissented in part.
Posted: June 26, 2007

State of New Mexico v. General Electric et al.
The Tenth Circuit handed down a landmark decision on natural resource damages October 31, 2006. State of New Mexico v. General Electric et al. In this case, the Tenth Circuit affirmed the district court decision granting General Electric ("GE") and co-defendant ACF Industries ("ACF") summary judgment. The State of New Mexico originally sought recovery of nearly $5 billion for loss of groundwater and the aquifer that stored the water.
Posted: November 3, 2006

Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers
On Monday, June 19, 2006, the United States Supreme Court announced its decision in the much-awaited cases of Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers. Justice Scalia wrote the opinion for the Court, joined by Chief Justice Roberts and Justices Thomas and Alito. This decision found that the terms "waters of the United States" and "navigable waters" in the Clean Water Act do not apply to intermittent streams. The Sixth Circuit decision was vacated. The much-debated issue of scope of Congress' power under the Commerce Clause was not reached. Justice Kennedy concurred in the judgment, finding that more examination is required of the nexus between wetlands and navigable tributaries. Justice Stevens wrote a dissenting opinion, joined by Justices Souter, Ginsburg and Breyer.
Posted: June 19, 2006

S.D. Warren Co. v. Maine Board of Environmental Protection
On Monday, May 15, 2006 the U.S. Supreme Court announced its ruling in S.D. Warren Co. v. Maine Board of Environmental Protection. The decision, written by Justice Souter, states that a federally licensed hydroelectric facility requires state water quality certification. The opinion centers on the Court's interpretation of the term "discharge" under the Clean Water Act, and upholds the states' authority to regulate federally-licensed facilities that may adversely affect water quality, even if the impact results from alterations in flow rather than the addition of pollutants. The decision was unanimous, though Justice Scalia wrote separately.
Posted: May 15, 2006