Supreme Court Justice (nominated by Pres. George W. Bush 2005)
EPA, not Congress, determines when cost-benefit applies
Riverkeeper v. EPA, 2007, challenged an EPA rule regulating cooling-water intake structures at power plants. To minimize the adverse impact on aquatic life, the Clean Water Act requires the intake structures to use the "best technology available," withou
specifying that technology. Sotomayor held that the EPA was not permitted to engage in a cost-benefit analysis to determine the best technology; instead, it could consider cost only to determine whether the proposed technology was "cost-effective."
In April 2009, by a vote of 6-3, the Court reversed. In an opinion by Justice Scalia, the majority deemed that the CWA's silence with regard to determining the best technology available "is meant to convey nothing more than a refusal to tie the agency's
hands as to whether cost-benefit analysis should be used, and if so to what degree." Justice Stevens wrote a dissenting opinion, that "Congress granted the EPA authority to use cost-benefit analysis in some contexts but not others."
Allow development despite local endangered species
Roberts dissented from the majority on the court ruling in the case RANCHO VIEJO v. NORTON
The court ruled that the Endangered Species Act should be enforced in the case of a shopping mall developer ordered to make provisions for a rare
California toad. Roberts dissented in the opinion, saying the ruling overstepped Congress’ powers to regulate commerce as spelled out in the Constitution.
When Roberts was the government’s lead counsel before the Supreme Court in Lujan v. National Wildlife Federation, he successfully argued that members of the environmental group did not have a right to file claims against 4,500 acres of public land being
opened to mining. The court agreed, making it harder for plaintiffs to challenge government actions that hurt the environment.
Source: Slate.com
Jul 19, 2005
Species within one state not protected by federal law
Roberts voted for rehearing in a case about whether a developer had to take down a fence so that the arroyo toad could move freely through its habitat.
Roberts argued that the panel was wrong to rule against the developer because the regulations on behalf of the toad, promulgated under the Endangered Species Act, overstepped the federal government’s power to regulate interstate commerce.
At the end of his opinion, Roberts suggested that rehearing would allow the court to “consider alternative grounds” for protecting the toad that are “more consistent with Supreme Court precedent.” (Rancho Viejo v. Nortion, 2003)
Source: Emily Bazelon and David Newman, Slate.com
Jul 1, 2005
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