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Access to Courts After Massachusetts v. EPA: Who Has Been Left Standing?

September 2007

Citation: ELR 10692

Author: Panel discussion

Editors' Summary: On May 3, 2007, the Environmental Law Institute (ELI) hosted a seminar to discuss the recent U.S. Supreme Court ruling in the Massachusetts v. EPA case. This seminar was a follow-up to ELI's December 13, 2006, seminar, held just after oral arguments in the case. After the moderator offered introductions and an overview of standing law prior to Massachusetts v. EPA, the panelists discussed a range of issues inherent in the opinion, including separation of powers and procedural rights, special solicitude, state standing, procedural standing, and standards of judicial review. The seminar concluded with a question-and-answer period. Below is a transcript of the event. [Transcribed by ACE Transcription Service, Washington, D.C. The transcript has been lightly edited, and citations have been added, for ease of reading.]

Panelists: William W. Buzbee, Professor of Law and Director of the Emory Environmental and Natural Resources Law Program Jeffrey B. Clark, Partner, Kirkland & Ellis L.L.P. Brian Wolfman, Director, Public Citizen Litigation Group

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