Environmental Law and Policy/Governance
Annual Supreme Court Review and Preview
Author
Sharon Jacobs, Gerald Torres, and Robert Percival
Author Bios (long)

Sharon Jacobs is a Professor of Law at Berkeley Law School. Gerald Torres is Professor of Environmental Justice at the Yale School of Environment and a Professor of Law at Yale Law School. Robert Percival is the Robert F. Stanton Professor of Law at the University of Maryland’s Carey School of Law.

Date
January 2024
Volume
54
Issue
1
Page
54.10005
Type
Dialogue
Summary

The U.S. Supreme Court's October Term 2022 had major implications for environmental law, including its most significant Clean Water Act decision ever. Upcoming cases in October Term 2023 have the potential to be just as impactful. On September 25, 2023, the Environmental Law Institute hosted a panel of experts who provided an overview of key rulings and major take-aways from the Court’s prior term, and discussed cases that have been granted review or are likely to be considered by the justices in the upcoming term. Here, we present a transcript of that discussion, which has been edited for style, clarity, and space considerations.

S. 3439
Update Type
Committee Name
Committee on Energy and Natural Resources
Sponsor Name
Coons
Sponsor Party Affiliation
D-Del.
Issue
2
Volume
54
Update Issue
36
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. S5851

would strengthen and enhance the competitiveness of cement, concrete, asphalt binder, and asphalt mixture production in the United States through the research, development, demonstration, and commercial application of technologies to reduce emissions from cement, concrete, asphalt binder, and asphalt mixture production.

S. 3440
Update Type
Committee Name
Committee on Commerce, Science, and Transportation
Sponsor Name
Van Hollen
Sponsor Party Affiliation
D-Md.
Issue
2
Volume
54
Update Issue
36
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. S5851

would prohibit the sale and distribution of expanded polystyrene food service ware, expanded polystyrene loose fill, and expanded polystyrene coolers.

S. 3479
Update Type
Committee Name
Committee on Environment and Public Works
Sponsor Name
Heinrich
Sponsor Party Affiliation
D-N.M.
Issue
2
Volume
54
Update Issue
36
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. S5919

would amend Title 40, U.S. Code, to modify certain requirements for regional commissions and reauthorize the Southwest Border Regional Commission.

S. 3500
Update Type
Committee Name
Committee on Agriculture, Nutrition, and Forestry
Sponsor Name
Markey
Sponsor Party Affiliation
D-Mass.
Issue
2
Volume
54
Update Issue
36
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. S5961

would amend the Food, Agriculture, Conservation, and Trade Act of 1990 to provide for high-priority research and extension grants for natural climate solutions.

H.R. 6654
Update Type
Committee Name
Committee on Energy and Commerce
Sponsor Name
Doggett
Sponsor Party Affiliation
D-Tex.
Issue
2
Volume
54
Update Issue
36
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. H6739

would prohibit the sale and distribution of expanded polystyrene food service ware, expanded polystyrene loose fill, and expanded polystyrene coolers.

H.R. 6093
Update Type
Committee Name
Committee on Science, Space, and Technology
Committee Report
H. Rep. No. 118-306
Issue
2
Volume
54
Update Issue
36
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. H6813

would improve NOAA’s weather research, support improvements in weather forecasting and prediction, expand commercial opportunities for the provision of weather data.

H.R. 6653
Update Type
Committee Name
Committee on Ways and Means
Sponsor Name
Smith
Sponsor Party Affiliation
R-Neb.
Issue
2
Volume
54
Update Issue
36
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. H6739

would amend the Internal Revenue Code to support upgrades at existing hydroelectric dams in order to increase clean energy production, improve the resiliency and reliability of the U.S. electric grid, and enhance the health of the nation's rivers and associated wildlife habitats.

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