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Bench Memos

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She “made her reputation” on “environmental regulation”?



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The Boston Globe editorial to which Kathryn links below says Sotomayor has made her reputation not on hot-button social issues but on matters ranging from environmental regulation to the baseball business.”  I get the baseball reference, as she handled litigation related to the baseball strike as a trial judge, but not the reference to “environmental regulation.”  At least since she’s been on the Second Circuit, her only significant environmental opinion was in Entergy v. Riverkeeper, in which she held the EPA could not consider cost-benefit analysis when setting a standard under the Clean Water Act and was reversed by the Supreme Court 6-3.  Is this what the Globe means?



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