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U.S. Supreme Court

The Latest On: U.S. Supreme Court

February 6, 2009 | Blog Post

End to a Poisonous Alliance

A bunch of utility operators are still trying to convince the U.S. Supreme Court to let them pour poisonous mercury into the air - but after today, they are standing alone. The Obama administration said it is withdrawing its support, and in fact, wants the court to drop the case.

Label this a victory for Earthjustice, its clients, and those thousands of citizens eating mercury-contaminated fish and forced to breathe in all the toxic fumes that the Bush administration would allow. Over eight years, that amounted to 700,000 pounds of mercury and other toxic stuff. We sued to stop this awful practice and won, but Bush's lawyers partnered up with the utilities and appealed to the Supreme Court so that it could continue.

Now, if the Court agrees, we can start breathing easier.

February 6, 2009 | Blog Post

Obama Unleashes - the Boot

Obama has quickly switched from the bump to the boot. All week he's been kicking over Bush-era dominoes, and today's was a whopper. The Environmental Protection Agency is starting to review its 2007 refusal to let California regulate greenhouse gas emissions from vehicles. The review affects 16 other states that also want to control emissions. It's a big deal that we've long been pushing for.

But, the biggest domino of all is still standing in the way of EPA really cracking down on greenhouse gases. We're talking about that shameful "Johnson memo" issued by the Bush-EPA administrator of the same name just before Obama took office. The memo told EPA employees to ignore CO2 - the single largest contributor to global warming. Without saying it, the memo also said: Ignore a Supreme Court ruling that authorizes EPA to control CO2.

What an irresistible target for a bump from Obama's boot.

February 3, 2009 | Blog Post

Delight and Dismay over Coal

Contradictory actions by the coal industry this week illustrate how treacherous the road is to a clean energy future for America.

On Tuesday, to our delight, developers of the proposed Highwood coal-fired power plant in Montana surrendered and announced that they would instead build natural gas and wind-powered generating plants. The credit for this should go to Earthjustice attorneys Abigail Dillen and Jenny Harbine, whose two years of legal action against the plant obviously paid off.

January 29, 2009 | Blog Post

EPA is All Ears All of a Sudden

We haven’t gotten much good news out of the Environmental Protection Agency for eight years, but suddenly the news is huge... so big that it deserves an exclamation mark. Bear with me as I wend my way towards the punch line.

January 12, 2009 | Blog Post

Earthjustice Defends Nation's Waterways at Supreme Court

Earthjustice press secretary Raviya Ismail was at today’s (Jan. 12) U.S. Supreme Court hearing on whether the Clean Water Act allows Coeur Alaska’s Kensington Mine to fill Lower Slate Lake in Alaska with mining waste – killing all aquatic life. Earthjustice attorney Tom Waldo argued to protect the lake. The high court decision, expected by June, could determine whether waterways throughout the nation may be likewise filled and killed. Here is Raviya’s report:

January 12, 2009 | Blog Post

America's Waterways At Stake Today

This morning, the US. Supreme Court heard arguments from Earthjustice about why the Clean Water Act should not be interpreted to allow mining companies to dump mine wastes into our nation's streams, rivers and lakes. A mining company attorney told the court that an Alaskan lake would be better off in the long run after a mining company dumped its tailings into it, killing all the fish and most other life. Justice David Souter described that logic as "Orwellian." We will be blogging after the arguments are concluded. Read the entire transcript of today's Supreme Court hearing on the Clean Water Act.

January 9, 2009 | Blog Post

Nation's Waterways in Hands of Supreme Court

On this coming Monday - while the media are riveted by the upcoming inauguration - the fate of our nation’s waters will be taken up by the U.S. Supreme Court. The Court will hear arguments in an Earthjustice case that has implications for rivers, lakes, and streams across the country.

The case concerns a gold mine north of Juneau, Alaska. The Army Corps of Engineers granted a permit for the mine to Coeur Alaska. One provision of the permit allows Coeur to deposit its mine tailings into Lower Slate Lake after raising the level of the lake by building a long earthen dam.

December 18, 2008 | Blog Post

Stopping the Exit Wounds

Maybe it's a good thing that Bush has kept Earthjustice so busy these last eight years, fending off unrelenting assaults on the environment. The experience is proving invaluable as we face, in these final weeks of the administration, a frantic effort to roll back some of the nation's most significant protections. We also are encountering a barrage of last-minute attempts to convert America's wild, public treasures into private, commercial commodities.

July 11, 2008 | Blog Post

The Bush Administration Needs a Nap

Although the Bush administration is only 7 years old, I would still hope it would act more mature than my 6 year-old. After reading the administration's 588 page response to the Supreme Court's order that it consider whether greenhouse gases endanger public health or welfare, however, I'm thinking my son has the edge.

July 2, 2008 | Blog Post

Supreme Court May Muddy Water Law

At the very end of the current term of the Supreme Court, the justices announced that they will review a Ninth Circuit decision that forbids Coeur Alaska, a mining company, from dumping mine tailings into Lower Slate Lake north of Juneau, Alaska.

This is not the best news of the week.

The company admits that the tailings will essentially kill all life in the lake but that restoration can be undertaken later. The Army Corps of Engineers, which issued permits for the mine, agreed with Coeur.

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