Supreme Court

In County of Maui, Hawaii v. Hawaii Wildlife Fund the Supreme Court held 6-3 that when there is a “functional equivalent of a direct discharge” from a point source to navigable waters an appropriate permit is required under the Clean Water Act.

The Clean Water Act forbids the “addition” of any pollutant “from a point source” to “navigable waters” without a National Pollutant Discharge Elimination System (NPDES) permit. In this case the County...

The Supreme Court is known for its ceaselessness. Government shut downs, snowstorms, anthrax, and vacancies haven’t slowed down the High Court. But it has not been spared by this global pandemic.

This term the Supreme Court is expected to issue about 56 opinions—about...

In a fractured 6-3 opinion in Ramos v. Louisiana the Supreme Court held that for convictions of serious crimes state court jury verdicts must be unanimous.

In 48 states and federal court, a single juror’s vote to acquit prevents a conviction. Louisiana and Oregon allow convictions for serious crimes based on 10-to-2 verdicts.

The Sixth Amendment states that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy...

In a 7-2 decision in Atlantic Richfield v. Christian the Supreme Court held that landowners located on a Superfund site who wanted additional remedies beyond the Environmental Protection Agency (EPA) plan to clean up the site could not sue in state court.

The Comprehensive Environmental Response, Compensation, and Liability Act, also known as the Superfund statute, seeks “to promote the timely cleanup of hazardous waste sites and to ensure...

Whether lower courts may issue nationwide injunctions is one of a number of legal issues the Supreme Court will decide in Trump v. Pennsylvania and Little Sister of the Poor Saints Peter and Paul Home v. Pennsylvania. Nationwide injunctions are controversial because they benefit non-parties. For...

Pages