Latest Case: New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission (Environmental Law)

Oprah Interview as Truth Commission – Part II: What Counts as Success?

LESLEY WEXLER

In this second of a series of columns, Illinois Law professor Lesley C. Wexler continues analogizing Oprah’s interview with Meghan and Harry to a truth commission and describes some goals against which we might measure the success of a truth commission. Professor Wexler proposes such measures as (1) whether the commission finishes its mandate and widely disseminates its findings, (2) whether it establishes a definitive narrative of the relevant abuses, and (3) whether it serves as catharsis for individual victims. She suggests that although some initial facts on the ground are negative, reform and reconciliation are still possible.

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Supreme Court Rules that Claims of Nazi-Era Expropriation of Jewish Property Are Barred by Germany’s Sovereign Immunity

SAMUEL ESTREICHER, JULIAN KU

NYU Law professor Samuel Estreicher and Hofstra Law professor Julian G. Ku comment on a recent decision by the U.S. Supreme Court, holding that the doctrine of sovereign immunity bars claims based on Nazi-era expropriation of Jewish property. Professors Estreicher and Ku argue that the unanimous decision in that case, Germany v. Philipp reflects a now-solid trend of Roberts Court decisions limiting the reach of U.S. law and jurisdiction to stay within the territory of the United States while also avoiding controversial and unsettled interpretations of international law.

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New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission

Docket: 19-1610

Opinion Date: March 23, 2021

Judge: Barrington D. Parker

Areas of Law: Environmental Law, Government & Administrative Law

The Second Circuit denied a petition for review of the Commission's orders determining that the DEC had waived its authority under Section 401 of the Clean Water Act to issue or deny a water quality certification for a natural gas pipeline project sponsored by National Fuel. The court concluded that Section 401's one-year time limit may not be extended by the type of agreement between a certifying agency and an applicant used here. In this case, the Commission reasonably concluded that the Natural Gas Act's rehearing provision did not bar National Fuel from seeking a waiver determination outside of the 30-day window to file a rehearing request, and that FERC acted within its discretion in treating National Fuel's December 2017 filing as a timely motion for a waiver determination. Therefore, the Commission properly concluded that the DEC waived its certification authority.