ADMINISTRATIVE LAW, ENVIRONMENTAL LAW, WATER LAW
Entergy Corp. v. Riverkeeper, Inc., No. 07-588
In a petition for review of EPA national performance standards for cooling water intake structures, the grant of the petition is reversed, where the EPA permissibly relied on cost-benefit analysis in setting the national performance standards and in providing for cost-benefit variances from those standards.
CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
Harbison v. Bell, No. 07-8521
In a capital habeas proceeding, the denial of federal appointed counsel’s motion to expand the scope of her representation to include state clemency proceedings is reversed, where: 1) a certificate of appealability is not required to appeal an order denying a request for federally appointed counsel, because 28 U.S.C. section 2253(c)(1)(A) governs only final orders that dispose of a habeas corpus proceeding’s merits; and 2) because state clemency proceedings are “available” to state petitioners who obtain representation under 28 U.S.C. section 3599(a)(2), the statute’s plain language indicates that appointed counsel’s authorized representation includes such proceedings.
DISPUTE RESOLUTION & ARBITRATION, LABOR & EMPLOYMENT LAW
14 Penn Plaza LLC v. Pyett, No. 07-581
In an Age Discrimination in Employment Act (ADEA) action, the denial of Defendant-Employer’s petition to compel arbitration is reversed, where a provision in a collective bargaining agreement that clearly and unmistakably requires union members to arbitrate ADEA claims is enforceable as a matter of federal law.
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