- The environmental legacy of the late Justice Scalia, whom Gorsuch has been nominated to replace;
- Justice Oliver Wendell Holmes and the environment;
- Justice Robert Jackson and property in water (Jackson (right, at Nuremberg) is also being mentioned as having held that seat that Gorsuch is being nominated to fill, though this seems to me a meaningless claim);
- TVA v Hill and Conservative anti-environmentalism;
- Oral arguments in environmental cases in the court;
- Jonathan Cannon's book on environmental issues in the court;
- Water litigation (here, here, and here);
- Ownership of wildlife;
- Land use (here and here);
- Regulation and planning;
- Supreme Court decisions of the 1960s holding water pollution illegal led to the a federal permitting program for discharges into water;
- Environmental issues in international and native treaties (here, here, and here);
- Takings and substantive due process;
- Sarah Milov on environmental history and capitalism.
The crossroads of environmental history and legal history (and other related fields)
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Thursday, February 2, 2017
Environment, history, and the US Supreme Court nomination
All history may be contemporary history, but yesterday's post had present concerns front and center. Continuing the trend, today's post is inspired by the nomination of Neil Gorsuch to the US Supreme Court. Others have attempted to divine how Gorsuch would rule on environmental issues, but here we'll take a historical tack, looking back at some earlier posts dealing with environmental issues in the US Supreme Court. Some of the topics covered:
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