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Wednesday round-up

Yesterday the Court heard oral arguments in Environmental Protection Agency v. EME Homer City Generation and American Lung Association v. EME Homer City Generation, the consolidated challenges to the EPA’s authority to require states to take measures to prevent their air pollution from affecting their downwind neighbors.  In his coverage of the argument for this blog, Lyle Denniston reports that the ninety minutes of oral argument appeared to go well for the federal government – a sentiment echoed by Jess Bravin of The Wall Street Journal.  In his coverage for Greenwire, Jeremy P. Jacobs suggests that, “[w]ith Justice Samuel Alito recusing himself, the court’s liberal four justices appeared sympathetic to EPA’s arguments, and there appeared to be some division among the four conservatives.”


  • On Monday, the Court heard oral arguments in Air Wisconsin Airlines v. Hoeper, in which it is considering whether a court can deny immunity under the Aviation and Transportation Security Act without first determining that the air carrier’s disclosure was materially false.  Pete Williams reported on the arguments for NBC News.
  • At the Ogletree Deakins blog, Hera Arsen reports on today’s dismissal of Unite Here Local 355 v. Mulhall as improvidently granted.

[Disclosure:  Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondent in Air Wisconsin, but the author of this post is not affiliated with the firm.]

Recommended Citation: Amy Howe, Wednesday round-up, SCOTUSblog (Dec. 11, 2013, 7:44 AM),