Richard Frank Finds High Court Rulings Favor Business, Hurt Environment

Daily Journal, September 17, 2009 by Richard Frank
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These five Supreme Court decisions, taken together, demonstrate several important trends. First, environmentalists lost all five cases; this was, on balance, a terrible year for the environment. Second (and conversely), the federal government fared quite well in these decisions, prevailing in four of the five. Third, business interests did even better than federal interests, winning all of the Supreme Court environmental cases last term in which they were involved. Fourth, in all five cases the Supreme Court reversed pro-environment rulings by the U.S. Circuit Courts of Appeals.