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Civil Procedure

How “Extraordinary” Is Injunctive Relief in Environmental Litigation? A Practitioner’s Perspective

Despite recent efforts by the U.S. Supreme Court to emphasize the “drastic and extraordinary” nature of injunctive relief, many lower federal courts continue to issue injunctions in cases alleging harm to the environment as if...

E-Discovery: An Environmental Professional's Guide

Editor's Summary: The e-discovery rules promulgated last December, now endorsed by several states, are sweeping in scope and have the potential to change the course of litigation. In this Article, Brian Wm. Higgins summarizes the major...

Standing in the Government's Shoes--When Can an Intervenor Appeal a District Court Decision Invalidating a Federal Agency Action?

Editors' Summary: Environmental controversies tend to involve multiple stakeholders with varied interests, which may lead to third-party intervention. This Article analyzes three alternative responses to the issue of whether and under...

Environmental Citizen Suits at Thirtysomething: A Celebration and Summit

Preface

In 1970, the U.S. Congress gave citizens the remarkable authority to file federal lawsuits as "private attorneys general" to enforce the Clean Air Act (CAA).1 Congress intended citizen...

Fee Shifting After Buckhannon

Introduction

On May 29, 2001, the U.S. Supreme Court decided Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources,1 sharply limiting the...

The Business Dilemma: 21st Century Natural Resource Damage Liabilities for 20th Century Industrial Progress

Throughout recorded time, many have attempted to rewrite history to soften the harsh realities of the "good old days." Without question, hindsight remains 20/20 in reflecting upon how this country's modern, industrialized enterprises...

Laidlaw (Even Industry Gets the Blues)

adapted from Layla (by Eric Clapton and Jim Gordon)1

What do we do when we get sued now

If the Supremes aren't on our side?

If we can't rely on standing constraints

Do they expect us...

New Approaches to Environmental Law and Agency Regulations: The Daubert Litigation Approach

For trial lawyers and judges, the U.S. Supreme Court's "Daubert Four"—four unanimous decisions since 1993, Daubert v. Merrell Dow Pharmaceuticals, Inc.,1 General Electric Co. v. Joiner,...

Environmental Litigation After Laidlaw

As law students frequently discover during exams, the law of standing is easy to state but hard to apply. The basic rules are simple and well-settled. Under Article III of the U.S. Constitution, in order to invoke federal jurisdiction,...

Standing in Environmental Citizen Suits: Laidlaw's Clarification of the Injury-in-Fact and Redressability Requirements

In its first week of business during the new millennium, the U.S. Supreme Court decided Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.,1 and provided important clarifications...