* Let us help you. Defraud the government. [CNN]
* UK hacker of U.S. computers loses extradition appeal. [Jurist]
* Hicks sentence prompts Lindh to ask for commutation again. [AP via FindLaw]
* Vermont federal judge doesn’t throw out automakers’ suit against state regulation of greenhouse gases; says there are still issues for trial despite recent Supreme Court holding that EPA can regulate greenhouse gasses. [AP via FindLaw]
Environment / Environmental Law
* Let us help you. Defraud the government. [CNN]
- Anna Nicole Smith, Drugs, Environment / Environmental Law, Marijuana, Morning Docket, Rape, SCOTUS, Supreme Court
* Supreme Court says EPA can regulate greenhouse gases. [U.S. Supreme Court (PDF)]
* Fourth Circuit’s reading of PSD regulations did not comport with Clean Air Act’s limits on judicial review of EPA regulations for validity, so Duke Energy’s summary judgment gets reversed. [U.S. Supreme Court (PDF)]
* More interminable Anna Nicole legal news: Howard K. Stern drops his appeal of using DNA to determine paternity, and some kind of a hearing will be held tomorrow. Apparently Bahamian court rules prevent us from knowing the nature of the hearing. [CNN]
* Bong hits 4 glaucoma in New Mexico. [Jurist]
* DNA evidence to the rescue once again. [CNN]
A summary of this morning’s Supreme Court decision in Massachusetts v. EPA, from SCOTUSblog:
Ruling 5-4, the Supreme Court on Monday found that the federal government had the authority to regulate greenhouse gases that may contribute to global warming, and must examine anew the scientific evidence of a link between those gases contained in the exhausts of new cars and trucks and climate change. In the most important environmental ruling in years, the Court rebuffed the Environmental Protection Agency’s claim that regulating those gases was beyond its authority, and the agency’s claim that it need not take action even if it did have the power to do so. Justice John Paul Stevens wrote for the majority.
The benchslap came when the Court ordered the EPA to reevaluate its decision not to regulate carbon dioxide emissions. From the Associated Press:
The court had three questions before it.
– Do states have the right to sue the EPA to challenge its decision?
– Does the Clean Air Act give EPA the authority to regulate tailpipe emissions of greenhouse gases?
– Does EPA have the discretion not to regulate those emissions?
The court said yes to the first two questions. On the third, it ordered EPA to re-evaluate its contention it has the discretion not to regulate tailpipe emissions. The court said the agency has so far provided a “laundry list” of reasons that include foreign policy considerations.
The majority said the agency must tie its rationale more closely to the Clean Air Act.
“EPA has offered no reasoned explanation for its refusal to decide whether greenhouse gases cause or contribute to climate change,” Stevens said.
EPA Administrator Stephen Johnson was also ordered to write “I will not make fun of Al Gore” three hundred times on a blackboard.
Justices: EPA Can Control Car Emissions [AP via Washington Post]
EPA must consider global warming again [SCOTUSblog]
Massachusetts v. EPA (opinion; PDF) [SCOTUSblog]
- Animal Law, Celebrities, Divorce Train Wrecks, Environment / Environmental Law, Music, Non-Sequiturs, Perverts, Pets, War on Terror
* Since charges have been dropped, we can only hope nothing more severe than spray painting occurred. Those poor goats and sheep, always such pervert-magnets. [LoHud.com (The Journal News)]
* I think the Vietnamese president lost a bet to our president. [Jurist]
* This, hopefully, will not offend anyone. [New York Times]
* The upside is that such drama is indispensable to country song-writing, so better her than me. [AP via Yahoo! News]
- Alison Maynard, Environment / Environmental Law, Lawyer of the Day, Litigators, Lunacy, Politics, Weirdness
When we wrote about her amusing court filing earlier today, we redacted her name. But since she has shown that she has no problem with being identified, even going so far as to comment on our prior post, we’re happy to shout her name from the blogospheric rooftops: ALISON MAYNARD.
Alison Maynard, who ran unsuccessfully for Colorado Attorney General as a Green Party candidate, is known in some circles as “Sunny” Maynard. And with her hilarious motion, Sunny Maynard has brightened the days of thousands of lawyers around the country.
This is why we’re naming her our Lawyer of the Day. Congratulations, Ms. Maynard!
For those of you who didn’t read our prior post, here’s the relevant excerpt from Maynard’s motion:
In the hours since we posted it, we’ve been bombarded by several lengthy email screeds from Maynard. Because most of them contained the words “water rights” and “bill of costs,” they were initially banished to the “Boring Stuff” subfolder of our “Junk Mail” folder.
But we dutifully rescued them, and we even read them. Some excerpts, as well as links with biographical information about Alison Maynard, appear after the jump.
- Celebrities, Copyright, Crime, Cyberlaw, Education / Schools, Environment / Environmental Law, Intellectual Property, Movies, Music, Non-Sequiturs, Romance and Dating, Television, Violence
* If you support intelligent design, then these Inconvenient Truth-opposing parents want you in their PTA. [Seattle Times]
* If he had thrown down the gauntlet beforehand, might that be a mitigating factor? We can see the headlines now: If the glove doesn’t fit… [TaxProf Blog]
* Diana, you know the audience will be cheering for Effie, but Florence Ballard died 30 years ago — and you’re going to be an American Idol “mentor”! Yeah, life has definitely been unfair in your favor. [AP via Yahoo! News]
* Some real-life law and order from a man known to die-hard L&O fans like myself as Chris Noth’s partner in the second season. (And, incidentally, it appears that the younger Sorvino daughter likes them as young as her brother-in-law.) [People]
* Napster rip-off Kazaa introduces its new YouTube rip-off called Joost. Why do I care? Because I wrote my law school thesis on Kazaa. And because Joost (as in “juiced”) is as stupid a name as “Kazaa.” [Los
- Affirmative Action, Celebrities, Constitutional Law, Environment / Environmental Law, Morning Docket, Murder, Sentencing Law
* Affirmative action not gone quite yet for Michigan schools. [AP via How Appealing]
* Convicted debutante killers not so happy at sentencing. [CNN]
* Nebraska corporate farming ban violates dormant commerce clause; Nebraska will appeal to the Supreme Court. [Jurist]
* Dracula Jr.’s a lawyer. [WSJ Law Blog]
* 13 States and DC sue EPA to get them to, you know, protect the environment. [MSNBC]
- Cars, Celebrities, Death Penalty, Environment / Environmental Law, Gay Marriage, Morning Docket, Music, New Jersey, Politics, Porn Names, Prisons, Sentencing Law, Trademarks
* Solitary confinement, cruel and unusual? Cruel, perhaps, but not that unusual. [St. Petersburg Times via How Appealing]
* Florida and California decide to take a little break on the whole lethal injection thing. [CNN]
* New Jersey Legislature does what New Jersey’s Supreme Court told them to. [FindLaw]
* Mariah Carey is concerned that people might be confused and think that she is someone who uses sex to make money….oh, wait a minute… [FOX News]
* Global warming is such a nuisance. [Jurist]
- Anthony Kennedy, Boring Stuff, Environment / Environmental Law, Linda Greenhouse, SCOTUS, Supreme Court
This post has nothing to do with the gastrointestinal tract of a certain Supreme Court reporter. Rather, it’s about Massachusetts v. EPA, the greenhouse gases/global warming case, argued before the Supreme Court yesterday.
We’re relatively late in covering this — you’ve probably read about it already elsewhere — so we’ll be brief.
(1) Can the EPA (read: Bush Administration) get away with refusing to regulate carbon dioxide in automobile emissions, even though a bunch of states, cities, and environmental groups want it to?
(2) Do these entities have standing to object to the refusal?
(3) Has President Bush been reading too much Michael Crichton?
Money Quote(s): Eh, there weren’t any. This argument was no KSR v. Teleflex.
And are you really surprised? It’s an administrative law/environmental law case, concerning the proper construction of the Clean Air Act, with a big threshold question about standing. Not exactly a barrel of laughs.
Likely Outcome: Who knows? We agree with Tony Mauro and Lyle Denniston: It all comes down to Justice Kennedy.
Roberts may be the Chief, but it’s Kennedy’s Court. And everyone else is just sitting on it.
Massachusetts v. EPA, No. 05-1120 [On the Docket / Medill]
Justices’ First Brush With Global Warming [New York Times]
Massachusetts v. EPA oral argument transcript [Supreme Court (PDF)]
Eyes on Kennedy as Supreme Court Debates Global Warming Case [Legal Times]
EPA argument 11/29/06: Major precedent looms? Maybe not [SCOTUSblog]
Analysis: Kennedy key to global warming challenge [SCOTUSblog]
Today at the Supreme Court: Preemption and Global Warming [WSJ Law Blog]
- 4th Circuit, Bad Ideas, Crime, Drugs, Environment / Environmental Law, Janet Reno, Marijuana, Morning Docket, Supreme Court
* Several federal law all-stars have filed amicus briefs in the 4th Circuit — which means a lucky clerk now has Janet Reno’s autograph! [SCOTUSBlog]
* Gun makers challenge a finding that lawsuits are legal. [Indy Star via How Appealing]
* “A lineup of legal heavyweights unusual even by Supreme Court standards is doing battle in a case pitting Wachovia Corp. against Michigan banking regulators.” [Bloomberg via How Appealing]
* Appellate law 101: Careful what you say at oral argument, they’re kind of picky about accuracy. [CNN]
* “Marijuana-for-homework mom gets 3 months.” [MSNBC]