Constitutional Law – May 23, 2012

by Sedgwick LLP on 3/13/2012

Courts have traditionally construed federal jurisdiction of environmental statutes expansively, consistent with their remedial intent. However, recent opinions in Voggenthaler v. Maryland Square, LLC, Case 2:08-cv-1618 (D....more

by Richard Faulk on 2/7/2011

Amicus Curiae Brief on the Merits: "Such a standardless exercise is not jurisprudential. Instead, it transforms courts across the United States into regulatory agencies, requires them to devise ad hoc standards for each...more

by Santiago Cueto on 9/17/2010

A panel of the court ruled 2-1 on September 17, 2010 that the Alien Tort Statute gives U.S. courts jurisdiction over alleged violations of international law by individuals only, not by corporations. The decision dismisses...more

by Morrison & Foerster LLP on 7/7/2010

An important decision has upheld the government’s power to order private parties to take expensive cleanup actions with little ability to challenge the order until after completing the work. On June 29, 2010, the U.S. Court...more

by Morrison & Foerster LLP on 6/11/2007

A unanimous Supreme Court has removed any doubt about a private party's right to sue for environmental response costs under the federal Superfund. In U.S. v. Atlantic Research Corporation, Case No. 06-562, the Court addressed...more