News 2003
 


July 31 : June 30 : May 14 : March 4 : January 13

July 31, 2003

  • Ninth Circuit Rules on California Request for Waiver of Oxygen Requirement under Federal Reformulated Gas Program
    The Ninth circuit recently ruled on Governor Davis's and the California Air Resources Board's petition for review of an EPA order denying their waiver request under the Clean Air Act. The Court concluded that the Clean Air Act gave the EPA broad discretion regarding waiver of the oxygen requirement under the Reformulated Gas Program, and accepted the EPA conclusion that California had failed to show that maintaining the oxygen requirement interferes with California's ability to comply with requirements for ozone. However, the Court also found that the EPA had abused its discretion by refusing to evaluate the effect that an oxygen waiver would have on California's efforts to comply with particulate matter air quality standards. Judge O'Scannlain, dissenting in part, argued that Congress never instructed the EPA to resolve uncertainties in emissions modeling by balancing the harmful effects to one air quality standard with potential benefits to another. Davis v. EPA, No. 01-71356 (July 17, 2003).

    Click HERE to read Davis v. EPA. (PDF)

    D.C. Circuit Denies Rehearing En Banc of Decision Rejecting Commerce Clause Challenge to Application of Endangered Species Act
    The panel in Rancho Viejo had upheld an order of the Fish and Wildlife Service to a developer to remove a fence from its property to protect the movement of arroyo toads. Arroyo toads are nonmigratory and do not have a commercial use. Judge Sentelle dissented from the denial of rehearing, arguing that the Court's holding conflicted with the Supreme Court's decisions in United States v. Lopez and United States v. Morrison. Sentelle also noted that ground preparation and erection of a fence is not commerce, let alone interstate commerce. Judge Roberts also dissented, arguing that the Commerce Clause challenges in Lopez and Morrison would have failed under the panel's reasoning, and emphasizing the circuit split with the Fifth Circuit's contrary holding in GDF Realty Inv., Ltd. v. Norton. Rancho Viejo v. Norton, No. 01-5375 (July 22, 2003).

    Click HERE to read Rancho Viejo v. Norton.

May 14, 2003

  • PROPERTY RIGHTS AFTER TAHOE TRANSCRIPTS
    The Federalist Society's Environmental Law and Property Rights Practice Group held a conference in Los Angeles on January 30th on Property Rights After Tahoe. The transcripts are available for the two addresses given at the conference.

    Please click HERE to access the remarks by Judge Diarmuid F. O'Scannlain, United States Circuit Judge for the Ninth Circuit. (PDF) Click HERE to access the remarks of Michael Berger, Berger and Norton. (PDF)

    Please check back, as we will make transcripts of the other panels available soon.

March 4, 2003

  • CONFERENCE ON WATER RIGHTS AND FEDERALISM
    The Federalist Society's Environmental Law and Property Rights Practice Group will host a conference in Denver on March 21 on Water Rights and Federalism issues. Please click HERE for details and to register.

January 13, 2003

  • Property Rights After Tahoe Conference
    The Federalist Society's Environmental Law and Property Rights Practice Group will host a conference in Los Angeles on January 30 to examine the future of property rights in the United States, with particular focus on the impact of Tahoe Sierra Preservation Council v. Tahoe Regional Planning Agency. Please click HERE for details and to register.
   

2003 The Federalist Society