Nationwide Injunctions in Environmental Law: South Carolina Coastal Conservation League v. Pruitt

The waters of the US case from the Fourth Circuit, South Carolina Coastal Conservation League v. Pruitt, provides a helpful lens through which to consider the benefits and drawbacks of nationwide injunctions in environmental law. The case also demonstrates the continued importance of nationwide inju...

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Veröffentlicht in:Ecology law quarterly 2019-01, Vol.46 (2), p.695-704
1. Verfasser: Mitchell, Chelsea
Format: Artikel
Sprache:eng
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Zusammenfassung:The waters of the US case from the Fourth Circuit, South Carolina Coastal Conservation League v. Pruitt, provides a helpful lens through which to consider the benefits and drawbacks of nationwide injunctions in environmental law. The case also demonstrates the continued importance of nationwide injunctions as a check on federal agency overreach. In the face of the robust and nationwide powers of administrative agencies within the executive branch, federal courts must be able to serve as a check on executive agency actions. Nationwide injunctions are the primary means through which federal courts can ensure that federal regulations are issued in accordance with the law. Future scholarship should address whether certain types of resources or regulatory postures lend themselves to more broadly crafted remedies. Environmental cases relating to regulation of migratory resources, such as water and air, provide an excellent place to start such an examination.
ISSN:0046-1121
DOI:10.15779/Z38C24QN7F