0
lawrocket

Environmentalist Lawyes v. Federal Government

Recommended Posts

The President, by and through his solicitor general, has filed a brief with the SCOTUS asking it to overturn the 2d circuit's decision in AEP v Connecticut because new environmental regulations from the EPA have nullified the common law nuisance basis for this lawsuit.

http://www.nytimes.com/gwire/2010/08/25/25greenwire-obama-admin-urges-supreme-court-to-vacate-gree-42072.html

The biggest loser, should this prevail? The plaintiffs' lawyers, who will have lost millions in fee income. Believe me, they're pissed.

Other losers? Well, this would be a federal takeover. It sounds like with this regulation, people who are harmed would be precluded from reovering anything. Instead, any "fines" would be levied by the government and for the government. Obviously, the corporations like this set-up. They have $ignificant $tanding and tremendou$ clout with governmental agents - far more than with juries. It would also limit their liability, I reckon.

While I have no issue sticking it to class counsel for Plaintiffs, I don't like the thought that people who are damaged either cannot recover damages or have to do so by getting a recovery from the government.

Yes. This administration has certainly increased my trust in government.


My wife is hotter than your wife.

Share this post


Link to post
Share on other sites
Quote

The President, by and through his solicitor general, has filed a brief with the SCOTUS asking it to overturn the 2d circuit's decision in AEP v Connecticut because new environmental regulations from the EPA have nullified the common law nuisance basis for this lawsuit.

http://www.nytimes.com/gwire/2010/08/25/25greenwire-obama-admin-urges-supreme-court-to-vacate-gree-42072.html

The biggest loser, should this prevail? The plaintiffs' lawyers, who will have lost millions in fee income. Believe me, they're pissed.

Other losers? Well, this would be a federal takeover. It sounds like with this regulation, people who are harmed would be precluded from reovering anything. Instead, any "fines" would be levied by the government and for the government. Obviously, the corporations like this set-up. They have $ignificant $tanding and tremendou$ clout with governmental agents - far more than with juries. It would also limit their liability, I reckon.

While I have no issue sticking it to class counsel for Plaintiffs, I don't like the thought that people who are damaged either cannot recover damages or have to do so by getting a recovery from the government.

Yes. This administration has certainly increased my trust in government.



Well, wouldn't the recent pillaging of BP, without regard to due process, provide a precedent for anyone who might have a personal claim against a corp. for any environmental harm? I know that any payments may go directly from the corporation to the harmed but they would probably still need paid representation to help fill out the forms.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

0