NYTimes Summary of SCOTUS Docket

The New York Times has written an overview of some of the more important cases appearing in the Supreme Court’s docket this term. There were three paragraphs that made me laugh. Emphasis mine.

Environment Federal courts in California have issued injunctions limiting the use of sonar in Navy training exercises off Southern California on the ground that it harms marine mammals. In Winter v. Natural Resources Defense Council, No. 07-1239, the Bush administration argues that the training is vital to national security and that the courts should not interfere. In Summers v. Earth Island Institute, No. 07-463, the court will consider who has standing to challenge environmental regulations. Winter and Summers will be argued on Wednesday, and decisions are expected by the spring.

While I haven’t read the brief myself, I suspect that Summers v. Earth Island Institute was included in the article just to be clever in the last sentence. Though, I would have been more impressed had the author managed to get Fall in there somehow as well.

In Entergy Corporation v. Environmental Protection Agency, No. 07-588, the court will consider whether the Clean Water Act authorizes the E.P.A. to use cost-benefit analysis.

This is kind of ridiculous. The actual SCOTUS question is, does some obscure law “limit EPA’s weighing of costs and benefits only to the Second Circuit’s ‘cost effectiveness’ test?” So, in other words, “Does the EPA have the ability to act rationally or should it be punished for doing so?”

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