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Showing 15 results

William Buzbee | January 8, 2013

How the LA County Flood Control District MS4 Case SCOTUS Loss is a Win for the Clean Water Act

The Supreme Court ruled today that the 9th Circuit committed a legal error in holding the Los Angeles County Flood Control District liable for violations of its Clean Water Act (CWA) “municipal separate storm sewer system” (or MS4) pollution discharge permit. The suit, Los Angeles County Flood Control District v. Natural Resources Defense Council, had been […]

William Buzbee | February 23, 2011

Williamson v. Mazda: Sound and Clear Preemption Decision

The Supreme Court today issued its much-awaited ruling in Williamson v. Mazda. Could an injured or deceased plaintiff sue under common law for damages allegedly attributable to the lack of a rear inner seat seatbelt, when the Department of Transportation (DOT) had declined to require such belts while requiring other seat belts?   The case on its […]

William Buzbee | April 1, 2010

Climate Legislation Federalism Choices: Reflections After Murkowski, Brown and in Anticipation of the Forthcoming Kerry-Graham-Lieberman Bill

Federalism battles over state roles under federal climate legislation may have appeared settled, but they are once again under debate. The previous leading bills–the Waxman-Markey bill passed by the House, and the Boxer-Kerry bill passed out of a committee in the Senate–lost momentum several months ago. After several months of legislative inaction, Senators Kerry, Graham, […]

William Buzbee | October 5, 2009

Boxer-Kerry: Measures to Address Error and Illegality

This post is the fourth in a series from CPR Member Scholars examining different aspects of the Boxer-Kerry bill on climate change, which was released September 30 The Boxer-Kerry bill released on September 30, 2009 is yet another massive piece of proposed legislation. And it is likely to get even larger as details are added regarding […]

William Buzbee | April 10, 2009

Waxman-Markey: Federalism Battles

On Tuesday, March 31, House Energy and Commerce Committee Chairman Henry Waxman (D-CA) and Rep. Edward Markey (D-MA) released a “discussion draft” of the American Clean Energy and Security Act of 2009 — a climate change bill that will serve as the starting point for long-delayed congressional action on the world’s most pressing environmental program. […]

William Buzbee | March 10, 2009

The Supreme Court’s Decision on Standing in Summers vs. Earth Island Institute

On March 3rd, the Supreme Court issued its much awaited decision in Summers v. Earth Island Institute.  This was the latest in a series of cases dating to the early 1990s where the central question has concerned citizen standing: will the courts allow a citizen to stand before a court to argue that government or […]