Supreme Court Preview of 2020-2021 Environmental and Energy Law Cases and Review of 2019-2020 RulingsBeyond the effects of the pandemic, the 2019-2020 Term was notable for the substantive Legislative Attorney opinions that the Supreme Court issued on environmental, energy, and natural resources (EENR) law issues.
The Supreme Court's 2020-2021 term, which began on October 5, 2020, features cases relating to states' competing claims to several interstate rivers, disclosure of agency documents produced during an Endangered Species Act consultation, the
appropriate court to decide climate change liability suits, the small refinery exemptions under the Clean Air Act's renewable fuel standard, the relationship between separate CERCLA provisions for recouping cleanup costs, eminent domain authority
under the Natural Gas Act, and other areas of EENR law.
This report reviews some the major EENR decisions from the Supreme Court's 2019-2020 term and previews the legal disputes and arguments in selected EENR cases and petitions for certiorari in the 2020-2021 term. The report also highlights the broader implications of these decisions and cases for Congress.