Petitions of the week
on Jul 16, 2019 at 1:22 pm
This week we highlight petitions pending before the Supreme Court that address, among other things, the effect of Section 929P(b) of the Dodd-Frank Act’s jurisdictional amendments on Sections 10(b) and 17(a) of the Securities Exchange Act in Securities and Exchange Commission enforcement actions and in federal criminal prosecutions, and the scope of a federal district court’s equitable discretion to deny an injunction in certain cases involving state environmental agencies.
The petitions of the week are:
Issues: (1) Whether a district court has the equitable discretion to deny an injunction when an injunction is the only form of statutory relief, after the plaintiffs proved the merits of the case and when the equitable factors for injunctive relief require a mandatory injunction; (2) whether, when Congress has determined that enforcement of state environmental law is not preclusive in 42 U.S.C. § 6972(a)(1)(B) cases, a district court can rely on a consent order in an irrelevant state-court action brought by a state government under an irrelevant state law as a basis for denying an injunction; (3) whether a federal court can abstain from entering an injunction because a state environmental agency was seeking relief under a state statute that Congress did not find to be an adequate basis for precluding federal jurisdiction; and (4) whether – when Congress provided district courts with the authority under the Resource Conservation and Recovery Act to order “such other action as may be necessary,” after a finding of an imminent and substantial endangerment and irreparable harm – Congress was directing district courts to order the action that was necessary, or whether district courts were given the discretion to find that no action was necessary.
Issue: Whether Section 929P(b) of the Dodd-Frank Act’s jurisdictional amendments conferred substantive extraterritorial reach under Sections 10(b) and 17(a) of the Securities Exchange Act in Securities and Exchange Commission enforcement actions and in federal criminal prosecutions.