Administrative Agency: An administrative agency is a governmental body, usually part of the executive branch, charged with implementing particular laws enacted by Congress. In the environmental law context, administrative agencies such as the Environmental Protection Agency typically frame highly specific and specialized regulations to implement the laws and are responsible for enforcing compliance with these regulations.
Amicus Curiae Brief: Literally “friend of the court,” an amicus curiae brief is a brief filed by a person who is not a party to the lawsuit, but has a strong interest in the subject matter, or the ability to inform and educate the court about particular aspects of the case.
Appeal: To appeal means to seek review of a lower court’s decision by a higher court. In the federal judicial system, a party that loses a case in district court may appeal the decision to the appropriate court of appeals. A party that loses in the court of appeals can attempt to appeal the decision to the United States Supreme Court (through a “writ of certiorari”), although the Supreme Court may decide not to hear the case. (See also “Certiorari”).
Appellant: A party who appeals a lower court’s decision. The appellant usually wants the higher court to reverse the lower court’s decision. (See also “Appeal,” “Appellee”).
Appellee: A party against whom an appeal is taken. The appellee usually wants the higher court to affirm the lower court’s decision. (See also “Appeal,” “Appellant”).
Certiorari: To petition for certiorari is to formally request the appellate court to hear a particular case. The U.S. Supreme Court uses certiorari at its discretion to review the cases that it wants to hear.
Circuit Court: See Court of Appeals.
Circuit Split: A circuit split occurs when two or more federal courts of appeals, deciding different cases, issue rulings that conflict on an issue of law. When this happens, the Supreme Court may decide to hear a case that raises the disputed issue of law so that it can resolve the disagreement and set a national standard. Because the Supreme Court is the highest court, all circuit courts are bound to follow its interpretation of the law.
Citizen Enforcement/Citizen Suit: Many environmental statutes contain provisions authorizing citizens to bring lawsuits to enforce the statute. These suits can be directed at companies, for violating the law, or at the regulatory agency, for failing to carry out the law. The idea behind these citizen suit provisions is to bolster the resources of government enforcement authorities by empowering citizens and citizen organizations to be “private attorneys general” to compel enforcement of the statute. Citizen suits typically may be brought only when the relevant enforcement agency has failed to take action. The citizen suit may result in a court order requiring compliance. The court may also impose penalties, but may not award money damages (for example, for personal injury or property damage).
Commerce Clause: The Commerce Clause, which is Article I, Section 8, Clause 3 of the United States Constitution, gives Congress the exclusive power to “regulate Commerce… among the several States.” Until the 1930s, Congress’s authority under the Commerce Clause tended to be defined narrowly, making it difficult for the federal government to address national issues. Since at least 1935, the Commerce Clause has been broadly defined, and has been a principal basis for the reach and scope of the modern federal government. It has been interpreted to give Congress the constitutional authority to regulate not only interstate commerce, but also activities that substantially affect interstate commerce. Some recent case law, however, has limited this power, in a throwback to the pre-1930s view of the Commerce Clause. The Commerce Clause is the foundation for most federal environmental statutes. A narrowing of Congress’s authority under the Commerce Clause, therefore, could limit the power of the federal government to protect the environment by setting and enforcing uniform national standards. (See also “Interstate Commerce”).
Concurring Opinion: In some cases, a particular judge will agree with the judgment reached in the majority opinion, but for different reasons. In this situation, the judge can write a separate written opinion – known as a concurring opinion – explaining the differing reasons for his or her vote. Although it is the majority opinion that becomes law, the concurring opinion can nonetheless provide helpful insight into the mindset of particular judges on the court. (See also “Opinion,” “Majority Opinion”).
Consent Decree: A consent decree is a judicial order that resolves one or more issues in a case. It is negotiated by and agreed to by the parties to the case, under the supervision of the presiding judge. Once finalized and approved by the judge, it has the force of a court order.
Court of Appeals (or Circuit Court): The 94 U.S. judicial districts are organized into 12 regional circuits, each of which is overseen by a United States Court of Appeals. Each court of appeals hears appeals from the district courts located within its circuit, as well as appeals from certain decisions of federal administrative agencies. Because very few cases are accepted by the Supreme Court, the courts of appeals are the final word on the vast majority of cases and legal issues throughout the country.
Court of Federal Claims: The Court of Federal Claims is a specialized court authorized to hear primarily lawsuits against the federal government for money damages arising under the Constitution, federal statutes, executive regulations, or contracts with the United States. This includes claims for compensation for federal taking of private property for public use. In recent years, such Fifth Amendment takings claims – both physical and regulatory takings -- have grown to about ten percent of the court’s docket. (See also “Federal Circuit Court of Appeals,” “Regulatory Takings,” “Takings”).
Damages: Damages refers to an amount of money used to compensate for loss or injury to person or property. The party that brings the lawsuit often seeks damages from the party being sued. The party bringing the lawsuit may also seek other types of relief, such as an injunction or declaratory judgment. (See also “Injunction,” “Declaratory Judgment”).
Declaratory Judgment: A declaratory judgment is a binding judicial declaration of the legal rights and relations of the parties, without ordering enforcement of these rights. For example, plaintiffs may seek, and a court may issue, a declaratory judgment indicating that a particular action would constitute a legal violation, without issuing any damages or penalties.
Defendant: The defendant is the party sued in a civil proceeding or accused in a criminal proceeding.
Delegation of Authority: Many statutes authorize a “delegation” of authority from the federal government to the states to implement and administer national programs. For example, states are responsible for implementing federal standards set by EPA under most key environmental statutes. Typically, EPA is required to set minimum national standards, and states can either choose to assume responsibility for implementing the federal standards, or leave implementation to the federal authorities. When states choose to implement the standards on their own, EPA is said to delegate its power to the state. After such delegation, EPA maintains oversight of the state program and has the power to withdraw the delegation of authority to any state not meeting federal standards. (This type of federal-state delegation should not be confused with delegation of authority between branches of the federal government, which is discussed under “Non-Delegation Doctrine”.)
Dictum: Dictum is a statement by a court on a question that may be related to, but is not strictly essential to, the decision. When a court issues an opinion on a question that is essential to the decision, this constitutes the holding, which must be applied to the present case and to future cases. Dictum, on the other hand, is not legally binding in future cases. (See also “Holding”).
Dissenting Opinion: Judges who disagree with the decision reached by the majority of judges in the case sometimes write their own opinion – called a dissenting opinion or minority opinion – that explains the basis for their decision in the case. The dissenting opinion does not create law; that is, the legal arguments and conclusions in the dissenting opinion are not legally binding on the parties to the case, or in future cases. However, the dissenting opinion can nonetheless provide helpful insight into how united or divided the court is on particular issues of law. (See also “Opinion,” “Majority Opinion,” “Concurring Opinion”).
District Court: United States District Courts are the trial courts, the first level in the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. There are 94 federal judicial districts. District courts are bound to follow the law set forth by their circuit court and the Supreme Court.
Eleventh Amendment: The Eleventh Amendment to the U.S. Constitution prohibits a federal court from hearing actions “against one of the United States by Citizens of another State.…” Courts have broadened this provision to make states generally immune from suit by private parties in federal court, including their own citizens. There are several important exceptions to this rule: (1) Congress can abrogate state sovereign immunity, (2) the state can itself waive sovereign immunity, and (3) citizens can bring suits against individual state officers to end a violation of federal law. States’ rights advocates have invoked the Eleventh Amendment to bar citizens from bringing lawsuits in federal court to force states to comply with environmental laws. (See also “Sovereign Immunity,” “Ex Parte Young Doctrine”).
En Banc: Meaning “on the bench,” en banc refers to a session in which all of the judges on the particular court participate in a proceeding. The Supreme Court always sits en banc, with all nine justices participating in each case. U.S. Courts of Appeals typically divide into small panels of three judges to hear each case. However, at the request of the panel or one of the parties, a case can sometimes be reheard by the full court, or en banc.
Ex Parte Young Doctrine: Under the Eleventh Amendment, states are generally immune from lawsuits by private parties in federal court. However, under the Ex Parte Young exception, private parties can bring lawsuits in federal court against individual state officers to end a violation of federal law, even if the state itself is immune under the Eleventh Amendment. This exception recognizes the need for federal courts to be able to prevent violations of federal law. However, several recent decisions have narrowed the scope of this exception, finding that a state official’s failure to adequately administer portions of certain federal environmental laws constituted an issue of state law, not federal law, and therefore could not be brought in federal court. (See also “Eleventh Amendment”).
Federal Circuit Court of Appeals: This court has appellate jurisdiction over specialized matters, including decisions of the U.S. Court of Federal Claims.
Fifth Amendment: The Fifth Amendment to the U.S. Constitution provides, among other things, that “private property [shall not] be taken for public use, without just compensation.” This provision requires the government to pay a property owner when it physically takes private property for public use, for example, to build a highway. In the environmental context, private property owners have invoked the “just compensation” clause to demand payment when government issues regulations that reduce the value of or limit the use of their property, a theory that could make it prohibitively expensive for government to regulate to protect the environment. (See also “Takings,” “Regulatory Takings”).
Holding: A court’s finding on a specific issue of law. A holding becomes the law in that case, and sets a precedent for future cases in the area under the court’s jurisdiction.
Injunction: A court order commanding or preventing a specific action or set of actions in connection with a case. Unlike a declaratory judgment, which simply declares the legal rights and relations of the parties, an injunction orders enforcement of these rights.
Interstate Commerce: Article I, Section 8, Clause 3 of the United States Constitution, the “Commerce Clause,” gives Congress the exclusive power to “regulate Commerce…among the several States.” As shorthand, we often speak of “interstate commerce,” meaning commerce that crosses state lines. Congress’ power to regulate interstate commerce has been interpreted broadly to include articles in commerce, the channels of commerce, things that affect interstate commerce, and even wholly intrastate activities that, when aggregated, may have an impact on interstate commerce or national markets. (See also “Commerce Clause”).
Intervenor: An intervenor is an outside party that, despite not being a named party in a lawsuit, voluntarily enters into the lawsuit because it has a direct interest in the subject matter. A party has the right to intervene as long as it has standing to complain, and shows that it has an interest in the subject of the litigation, that deciding the lawsuit without its presence would hurt its ability to protect its interest, and that its interest is not adequately represented by current parties to the suit. Even if the outside party does not meet all of these requirements, the court can, if it chooses, allow the party to intervene in certain situations.
Jurisdiction: A court’s, government’s or agency’s power to exercise legal authority. An institution’s jurisdiction is often subject to statutory, constitutional, and geographical limits.
Legislation: Legislation is the process that Congress engages in to enact laws, including environmental laws such as the Endangered Species Act, the Clean Air Act, and the Clean Water Act. Legislation can also refer to the laws themselves (which can also be called “acts” or “statutes”).
Majority Opinion: A majority opinion is an opinion joined in by more than half of the judges considering a particular case. The holdings in the majority opinion – unlike the dissenting or concurring opinion – are legally binding on the parties to the case and in any future cases. (See also “Opinion,” “Dissenting Opinion,” “Concurring Opinion”).
Non-Delegation Doctrine: Congress regularly delegates its legislative power to administrative agencies by ordering them to develop specific rules to implement the law. For example, Congress will pass a law stating that certain air pollutants may not be emitted in a way that harms human health or the environment, but will leave it to EPA to create regulations that determine the level of pollutant that is harmful and the actual requirements in order to meet this level. The non-delegation doctrine derives from the separation of powers framework of the Constitution, which strives to keep the three branches of government separate. It provides that Congress can transfer its legislative power to other branches of government only if it provides sufficient guidance on how to exercise this function. (See also “Rulemaking”).
Opinion: A court’s written statement explaining its decision in a given case. An opinion is also referred to as a decision, judgment or ruling.
Plaintiff: The plaintiff is the party that brings a civil suit in a court of law.
Preemption: Preemption is the principle that a federal law supercedes or trumps any inconsistent state law or regulation. (See also “Supremacy Clause”).
Preliminary Injunction: A preliminary injunction is a temporary court order commanding or preventing a specific action. Unlike a permanent injunction, which is issued at the end of trial as part of the court’s final decision, a preliminary injunction is issued before or during trial. The purpose of a preliminary injunction is to prevent major injury or damage from occurring while the court is deciding the case. (See also “Injunction”).
Regulatory Taking: A regulatory taking occurs when the government – even though it doesn’t physically appropriate or condemn property as it would in a physical “taking” – imposes regulatory restrictions so severe that they wholly diminish the value of property. In other words, if a regulation goes too far in limiting use of property, it may be recognized as a “taking” for which the government must compensate the property owner. The Supreme Court has found that a regulation that permanently deprives a property owner of all economic use of the property would constitute a regulatory taking. However, if the regulation is less severe, courts are to balance a number of factors, including the public benefit and the duration and extent of the restriction, in deciding whether a regulatory taking occurred. (See also “Fifth Amendment,” “Taking”).
Rulemaking: Rulemaking is the process used by an administrative agency to formulate, amend, or repeal a rule or regulation. Rulemaking is to be distinguished from legislation, which is the process Congress engages in to enact laws. In the environmental law context, Congress typically establishes a broad legal framework in the various environmental statutes. Administrative agencies, such as EPA, develop implementing regulations that speak with much greater specificity.
Settlement: A settlement refers to an agreement between the parties that ends a legal dispute or lawsuit.
Sovereign Immunity: The doctrine of “sovereign immunity” provides that governments and government entities are generally immune from suit by private parties. (See also “Eleventh Amendment”).
Standing: Article III, Section 2 of the U.S. Constitution provides that federal jurisdiction is limited to “cases” and “controversies.” This language has been interpreted to limit access to courts to people who have “standing” – a sufficient stake in the challenged action to make it a case or controversy. In order to have standing, the plaintiff must show that the challenged conduct has caused him or her injury in fact, that the injury is traceable to the challenged action, that the injury can be redressed by judicial action, and that the injury is within the “zone of interests” meant to be protected by the statute alleged to have been violated. In the environmental context, recent case law has steadily narrowed the range of “interests” that allow plaintiffs to bring lawsuits, thus barring plaintiffs from bringing many types of environmental harms to the courtroom.
Statute: A federal statute is a law enacted by Congress. The Endangered Species Act, the Clean Air Act, and the Clean Water Act are all examples of federal environmental statutes. Statutes are also referred to as “legislation,” “laws,” or “acts.”
Supremacy Clause: This clause, contained in Article VI of the U.S. Constitution, establishes that the Constitution, all laws made pursuant to the Constitution, and all treaties made under the authority of the United States are the “supreme law of the Land.” This has been interpreted to mean that any law made by the federal government pursuant to authority granted in the Constitution trumps any conflicting provision of a state constitution or state or local law.
Supreme Court: The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices. The Supreme Court has the discretion to decide which cases it will hear. Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law.
Taking: A “taking” refers to government appropriation of private property for public use. The Fifth Amendment of the U.S. Constitution provides that the government must compensate private property owners for such takings. A taking is typically physical (such as appropriating private property in order to build a public highway), but in certain circumstances can also be regulatory. (See also “Regulatory Taking”). Property rights advocates have argued that the Fifth Amendment requires the government to compensate property owners when environmental regulations reduce the value or limit the use of property. (See also “Fifth Amendment”).
Tenth Amendment: The Tenth Amendment to the U.S. Constitution provides that any powers not constitutionally delegated to the federal government, nor prohibited to the states, are reserved for the states or the people. It is a default provision – if the Constitution hasn’t addressed a particular power (either granting it to the federal government or denying it to the states), then the power belongs to the state. This constitutional provision has occasionally been invoked to limit the power of the federal government to protect the environment on the theory that such authority was not specifically delegated to Congress and therefore belongs to the states.
Whistleblower: A whistleblower is an informant, most often an employee, who reports employer misconduct. In order to encourage disclosure, many federal and state statutes prohibit employers from retaliating against an employee who files reports. In the environmental law context, whistleblowers play a significant role in reporting environmental violations by their employers.
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