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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 […]

Robert L. Glicksman | March 10, 2009

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

(CPR Member Scholar Robert L. Glicksman replies below to CPR Member Scholar William Buzbee’s post on the Summers vs. Earth Island Institute decision.)   The decision in Summers represents the latest salvo in a continuing battle between those Supreme Court Justices who view the function of standing doctrine as ensuring that litigation before the federal […]

Matthew Freeman | March 9, 2009

McGarity columns on Wyeth vs. Levine Preemption Case

CPR Member Scholar Thomas McGarity had op-eds over the weekend in three Texas newspapers — the Dallas Morning News, Houston Chronicle and Austin American-Statesman.  His topic is Wyeth vs. Levine, last week’s blockbuster case from the Supreme Court, in which the Court rejected the Bush Administration’s multi-year effort to use the federal regulatory process as […]

Yee Huang | March 9, 2009

Stand by Your Tap

  In the decade between 1994 and 2004, the bottled water industry enjoyed a meteoric rise as consumers flocked to their product, paying more per gallon than gasoline and neglecting a virtually free source of water – the tap.  Bottled water drinkers formed fierce allegiances to their favorite brands, elevating bottled water beyond a beverage […]

Rena Steinzor | March 6, 2009

The People’s Agents: Rescuing the Occupational Safety and Health Administration

The Occupational Safety and Health Administration (OSHA) is the most maligned and least respected federal agency with responsibility for protecting people’s lives. Now that Hilda Solis has been confirmed as Secretary of the Department of Labor, we can only hope that a new OSHA administrator with a strong stomach, an iron will, and a “yes […]

Holly Doremus | March 5, 2009

Bad Endangered Species Act Rules Not Yet Undone

The following is cross-posted by permission from Legal Planet.   The Bush administration’s last-minute ESA (non)consultation rule is getting almost as much attention now as it did during the comment period. Then, the administration reportedly received more than 300,000 comments, the vast majority of them negative. Those objections were, of course, quickly swept under the […]

Matthew Freeman | March 4, 2009

Change on the Way for Superfund

After suffering years of neglect at the hands of the Bush Administration and conservatives in Congress, Superfund may be on the verge of springing back to life. That at least is the objective of a new proposal from President Obama, included in his recent budget outline, calling for the reinstatement of a tax on polluting […]

Nina Mendelson | March 4, 2009

Wyeth Ruling a Victory for Consumers

This morning the Supreme handed down its ruling in Wyeth v. Levine. In its majority opinion, the Court rejected the argument of pharmaceutical giant Wyeth that the FDA’s approval of its label for Phenergan effectively “preempted” a tort suit brought against it by a patient claiming that the manufacturer failed to provide adequate warning about […]

Matt Shudtz | March 3, 2009

Oil Shale Update: Small Potatoes

Last Wednesday, Secretary of the Interior Ken Salazar announced that the Bureau of Land Management is going to “review and reconsider” the oil shale leases proposed in the waning days of the Bush Administration.  The Bush proposal would have potentially opened 1.9 million acres of land in Utah, Colorado, and Wyoming for oil shale development […]