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Perspective

Jul. 2, 2009

In Environmental Cases, Kennedy Proves He's the Decider

The Supreme Court's last environmental case of the term proved that Justice Anthony Kennedy is often the tiebreaker on green issues, writes Norman A. Dupont.

By Norman A. Dupont

In its last two of five environmental cases decided in its most recent term, the Supreme Court decided relatively narrow statutory issues involving technical aspects of the Clean Water Act. While these issues were only of practical significance to electrical utility companies with power plants next to major rivers or mining companies in Alaska, both cases suggest the likely outcome of environmental cases for the next term, starting in ...

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