High Court will not hear environmental cases

The Supreme Court has declined to hear three high-profile environmental cases challenging federal environmental statutes and regulations, reports Gabriel Nelson of Greenwire in the New York Times online.

It was a good day for environmentalist, as they praised the Supreme Court's decision not to hear National Cotton Council v. EPA, Texas Water Development Board v. Department of Interior, and Rose Acre Farms Inc. v. United States.

The first cases deals with issues of requiring National Pollutant Discharge Elimination System permits, per the Clean Water Act, in order to use pesticides already regulated under the Federal Insecticide, Fungicide and Rodenticide Act (Cotton Council). The second case (Texas Water Development Board) involves a ruling that the Fish and Wildlife Service violated the National Environmental Policy Act.

Finally, Rose Acre involves a suit to recover lost revenue that is allegedly owed because the US Department of Agriculture destroyed and implemented selling requirements on the egg farm following a salmonella outbreak. Rose Acre Farms argues the government's actions "constituted a 'regulatory taking,' as defined by the 5th Amendment of the Constitution," reports Nelson.

To read more on these cases and the Supreme Court's rulings, click here to read Nelson's article.

Posted: 02/24/10