FedSoc Forums

The Federalist Society
FedSoc Forums Podcast

*This series was formerly known as Teleforums. FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as: Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decisionA Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sittingLitigation Update: A series that provides the latest updates in important ongoing cases from all levels of government The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

  1. 1 DAY AGO

    Litigation Update: City and County of San Francisco v. Environmental Protection Agency

    The Supreme Court recently decided that they will review a case dealing with the Clean Water Act (CWA), which prohibits the pollution of US waters without a National Pollutant Discharge Elimination System (NPDES) permit. In order to comply with the statute, the city of San Francisco was issued a permit by the Environmental Protection Agency (EPA) in 2019. The permit, however, lays down narrative limitations on the discharge of pollutants, such as anything which may “cause or contribute to a violation of any applicable water quality standard.” The city of San Francisco challenged the EPA’s permit, arguing that these restrictions “expose San Francisco and numerous permit-holders nationwide to enforcement actions while failing to tell them how much they need to limit or treat their discharges to comply with the Act.” In July 2023, the Ninth Circuit Court of Appeals rejected San Francisco’s argument, finding that the narrative limitations are not too vague but are rather important to ensuring that state water standards are met. This then prompted the city to appeal the decision to the Supreme Court. Join this FedSoc Forum as panelists discuss varying views of this case and what the Supreme Court’s review might bring. Featuring: Prof. Robin Craig, Robert A. Schroeder Distinguished Professor of Law, University of Kansas School of Law Andre Monette, Managing Partner, Best Best & Krieger LLP Moderator: Prof. Jonathan Adler, Johan Verheij Memorial Professor of Law and Director, Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of Law -- To register, click the link above.

    1h 2m
  2. 1 DAY AGO

    The Public Lands Rule: Will A New “Conservation and Landscape Health” Paradigm for Federal Lands Survive Judicial Review?

    The Bureau of Land Management (BLM) recently adopted comprehensive new land management regulations known as the “Conservation and Landscape Health Rule,” or simply, “the Public Lands Rule.” The rule has spurred litigation challenging the Interior Department’s authority to establish a conservation “overlay” over 245 million acres of federal lands. Some argue that this rule, which aims to “build and maintain the resilience of ecosystems on public lands,” violates the Federal Land Policy Management Act (FLPMA), which requires BLM to “manage the public lands under principles of multiple use and sustained yield” and “regulate, through easements, permits, leases, licenses, published rules, or other instruments as the Secretary deems appropriate, the use, occupancy, and development of the public lands.” In the Public Lands Rule, BLM claims “wide discretion to determine how those [FLPMA] principles [of multiple use and sustained yield] should be applied.” Whether this new rule improperly places “conservation” above other uses of federal lands – for grazing, recreation, energy production, or otherwise – is the subject of heated debate. In this FedSoc Forum, a panel of experts from different vantage points will consider the legal and policy merits of the “Public Lands Rule” and address whether the rule should survive judicial review and/or congressional scrutiny. Featuring: Prof. Sam Kalen, Associate Dean, William T. Schwartz Distinguished Professor of Law, University of Wyoming College of Law Jeffrey Wood, Partner, Baker Botts LLP Jonathan Wood, Vice President of Law & Policy, Property and Environment Research Center Moderator: Jim Burling, Vice President of Litigation, Pacific Legal Foundation -- To register, click the link above.

    1h 2m
  3. 2 DAYS AGO

    Litigation Update: Free Speech Rights of K-12 Students

    The free speech rights (or lack thereof) of K-12 students has always been a unique area in the realm of First Amendment litigation. Cases like Tinker v. Des Moines Independent Community School District from 60 years ago established that students do not leave their First Amendment rights at the schoolhouse gate, though subsequent cases have articulated that those First Amendment rights are not inherently co-extensive with the rights of adults. Schools often implement policies aimed at preserving the safety of students or that seek to limit “offensive” or “inappropriate” messaging which can constrain or inhibit the free speech of their students. To what degree that restriction of a constitutional right is permissible has become a question for the courts in a series of cases where students (or their representatives) are challenging school policies on the basis of alleged unconstitutional restriction of students’ First Amendment rights. Join us for an update on several of these cases including: D.A. v Tri-County Area Schools (Michigan student forbidden from wearing a "Let's Go Brandon Sweatshirt.") - L.M. v Town of Middleborough (Massachusetts school forbade student from wearing "There are only two genders" tshirt). B.B. v Capistrano Unified School District (California school punished kindergartner over "All Lives Matter" in drawing). Featuring: Conor Fitzpatrick, Supervising Senior Attorney, Foundation for Individual Rights in Education (FIRE) Tyson Langhofer, Senior Counsel, Director of Center for Academic Freedom, Alliance Defending Freedom Caleb Trotter, Attorney, Pacific Legal Foundation (Moderator) Casey Mattox, Vice President, Legal Strategy, Stand Together

    59 min

About

*This series was formerly known as Teleforums. FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as: Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decisionA Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sittingLitigation Update: A series that provides the latest updates in important ongoing cases from all levels of government The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

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