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Supreme Court Preview of 2020-2021 Environmental and Energy Law Cases and Review of 2019-2020 Rulings

CRS Report – Supreme Court Preview of2020-2021 Environmental and Energy Law Cases and Review of 2019-2020 Rulings, Updated February 11, 2021: “The Supreme Court 2019-2020 term, which started on October 1, 2019, was historic in unexpected ways. The Coronavirus Disease 2019 (COVID-19) pandemic resulted in the Court indefinitely closing its building to the public, postponing oral arguments, and conducting telephonic oral arguments for the first time in history. Beyond the effects of the pandemic, the 2019-2020 Term was notable for the substantive opinions that the Supreme Court issued on environmental, energy, and natural resources (EENR) law issues. Of particular note for Congress’s work, the Court’s term included these opinions…The Supreme Court’s 2020-2021 term, which began on October 5, 2020, features cases relating to states’ competing claims to several interstate rivers, disclosure of agency documents produced during an Endangered Species Act consultation, the appropriate court to decide climate change liability suits,the small refinery exemptions under the Clean Air Act’s renewable fuel standard,the relationship between separate CERCLA provisions for recouping cleanup costs, eminent domain authority under the Natural Gas Act, and other areas of EENR law. The Court is also reviewing petitions for a writ of certiorari and complaints related to the scope of the President’s authority to declare national monuments under the Antiquities Act, a state’s denial of a water quality certification under Section 401 of the Clean Water Act, and other petitions that may implicate EENR issues. The Biden Administration is shifting executive branch policy on certain environmental, energy, and public health matters and its litigation strategies in pending cases…”

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