Law - Challenges to Federal Acts

Question 1

Massachusetts v. EPA, Inc.

Answer 1

2006. Supreme Court. EPA must provide a reasonable justification for why it would not regulate GHGs.

Question 2

Brandt Revocable Trust v. U.S.

Answer 2

2013. 1875 General RR ROW Act grants easement for RR land. When RR co. abandons land, should be settled as an easement. If easement is abandoned, disappears and land reverts to previous owner.

Question 3

SD Warren v. Maine Board of Environmental Protection

Answer 3

2006. Supreme Court. Army Corps of Eng. must determine whether there is a significant nexus btwn a wetland and a navigable waterway.

Question 4

Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc.

Answer 4

2015. Supreme Court. Claim that Texas Dept. of Housing was disproportionately granting tax credits to minority nbhrds. Court held that “Disparate impact” is appropriate standard to be applied to the Fair Housing Act. Result is that policies that even inadvertently relegate minorities to poor areas violate the FHA.