Supreme Court Decisions

Labor Law – The U.S. Supreme Court ruled the Age Discrimination in Employment Act (ADEA) does not authorize mixed-motive claims, and that an ADEA plaintiff bears the burden of proving, by a preponderance of the evidence, that age was a “but for” cause of the challenged adverse employment action  Gross v. FBL Financial Services, Inc. No. 08-441 (June 18, 2009).

Superfund – The U.S. Supreme Court has ruled that selling a product is not arranging for disposal under the Superfund program even if incidental spills and releases of the product occur on a customer’s property. The decision also upheld the apportionment of liability. BNSF Railway Co. v. United States, 556 U.S. ___ (May 4, 2009).

Standing – The U.S. Supreme Court ruled 5 conservation groups lack standing to challenge US Forest Service regulations. The decision states that to obtain injunctive relief, a plaintiff organization must establish an actual and immediate threat in personal affidavits. Summers v. Earth Island Institute, No. 07-463 (March 3, 2009).

Labor Law – The U.S. Supreme Court ruled that the anti-retaliation provisions in Title VII extend to an employee answering questions during an employer’s investigation of misconduct raised by another employee. Crawford v. Metropolitan Gov’t of Nashville, 555 U.S. ___ (2009).

Punitive Damages - The U.S. Supreme Court reduced Exxon's punitive damages liability from $4 billion to $507 million in the Exxon Valdez case, based on federal maritime law. Exxon Shipping Co. v Baker, No. 07-219 (June 25, 2008).

Superfund - The U.S. Supreme Court ruled that Section 107(a)(4)(B) of the SuperFund law provides a cause of action for a PRP who voluntarily cleaned up a site to sue another PRP. United States v. Atlantic Research Corp., 127 S.Ct. 2331 (2007).

Climate Change - The U.S. Supreme Court ruled Section 202 of the Clean Air Act authorizes EPA to regulate greenhouse gases from new motor vechicles. Massachusetts v EPA, 127 S.Ct. 1438 (2007).

Labor - The U.S. Supreme Court ruled the time period for filing a Title VII lawsuit alleging disparate threatment does not start anew with each subsequent act. Ledbetter v. Goodyear Tire and Rubber Co., 127 S.Ct. 2162 (2007).

Clean Water Act - The U.S. Supreme Court ruled that wetlands adjacent to non-navigable tributaries are "waters of the United States" only if the wetland has a continuous surface connection to the tributary. Rapanos v. United States, 547 U.S. 715 (2006). This controversial case has led to confusion in the lower courts, new EPA guidance, and an effort by Congress to overturn the decision.

Takings - The U.S. Supreme Court ruled that New London, Connecticut's use of its eminent domain power for private economic development does not violate the Takings Clause. Kelo v. City of New London, 545 U.S. 469 (2005). The decision is an expansive interpretation of the "public use" theory that underlies local government's eminent domain authority.

Superfund - The U.S. Supreme Court ruled a potentially responsible party (PRP) cannot bring a contribution claim under CERCLA 113(f)(1) if it has not been sued under CERCLA 106 or 107. Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157 (2004).

Clean Air Act - The U.S. Supreme Court ruled that a California air quality district's rules prohibiting fleet operators from purchasing vehicles that do not meet certain emission requirements were preempted by the Clean Air Act. Engine Mfrs. Ass'n v. S. Coast Air Quality Mgmt. Dist., 541 U.S. 246 (2004).

Punitive Damages - The U.S. Supreme Court ruled a $145 million punitive damages award in an automobile accident case was unconstitutional. A lower court awarded $1 million for compensatory damages and $145 million for punitive damages. The decision is considered a major victory for business groups and insurance companies, and a significant setback for trial lawyers. State Farm Mut. Automobile Ins. Co. v. Campbell, 538 U.S. 408 (2003).

Preemption - The U.S. Supreme Court ruled that local safety regulations on tow trucks are not preempted by federal law. The Court reached this conclusion even though the exclusion from the preemptive language in the federal statute, 49 U.S.C. 14501(C)(2), does not include "local governments" and other provisions in that same statute expressly mention local government. City of Columbus v. Ours Garage and Wrecher Service, Inc., 536 U.S. 424 (2002).

Takings - The U.S. Supreme Court ruled that a temporary 32 month moratorium on construction in the Lake Tahoe area is not a per se taking of property requiring compensation under the Takings Clause. The decision is an important defeat for property rights advocated who hoped this case would be a vehicle for limiting the government's right to restrict development. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002).

Environmental Justice - The U.S. Supreme Court ruled that individuals may not file lawsuits against states under Section 602 of the 1964 Civil Rights Act. The case involved Alabama's English-only drivers license test, but means that community activists can't sue state permitting agencies under the Civil Rights Act for issuing permits to facilities located in poor minority neighborhoods. These types of lawsuits, alleging that these permits have a disparate health or environmental impact on such neighborhoods, have become an important weapon in the environmental justice arsenal. Alexander v. Sandoval, 532 U.S. 275 (2001).

Applying the Supreme Court's decision in Alexander, the Third Circuit has ruled that community groups cannot use Section 602 to allege an environmental justice claim. South Camden Citizens in Action v. NJDEP, 274 F.3d 771 (3d Cir. 2001). In the South Camden case, the district court had ruled New Jersey regulators violated Camden, New Jersey's residents' civil rights by permitting a proposed cement facility in a low-income, minority neighborhood.

Wetlands - The U.S. Supreme Court ruled the U.S. Army Corps of Engineers' Migratory Bird rule under the Clean Air Act is not applicable to small, isolated intrastate bodies of water. Solid Waste Agency of Northern Cook Cty. v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001).

Attorneys Fees - The U.S. Supreme Court court ruled that plaintiffs can recover attorneys fees only if they prevailed in litigation; not because of a voluntary change in defendant's conduct or settlement. The decision overturns prior cases that endorsed the "catalyst theory" which permitted attorneys fees to be recovered if a lawsuit was the catalyst for change. Environmental and civil rights groups are concerned the decision will discourage litigation. Buckhannon Board of Care & Home Inc. v. West Virginia, 532 U.S. 598 (2001).

ADA - The U.S. Supreme Court Court ruled that the Americans with Disabilities Act (ADA) requires the Professional Golfers Association (PGA) to let a disabled gofer use a cart during PGA tournaments. Casey Martin has difficulty walking and sought an exemption from the PGA's rules due to his medical condition. The case attracted a lot of attention although it is unlikely to broadly affect employers. PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001).

Takings – The Court ruled that local governments may be required to compensate landowners for regulatory takings that interfere with their ability to develop their land.The case involves the owner of 18 acres of coastal wetlands in Rhode Island whose requests to develop the property were repeatedly denied by local officials.Because the landowner acquired the property after Rhode Island adopted regulations protecting the landowner’s property, this decision establishes an important new principle in takings cases. Palazzolo v. Rhode Island, 533 U.S. 606 (2001).

A link to the official U.S. Supreme Court website is here: http://www.supremecourtus.gov.