Burr should pressure GOP not to block N.C. judges (Asheville Citizen-Times, 09/01/10)
"Senate Republican holds (threatened filibusters) continue to freeze judicial nominees. These include Diaz, whom the Judiciary Committee approved (19-0) the same day as Wynn more than six months ago; and N.C. federal district court nominee Catherine Eagles (also approved in committee without dissent months ago). Sen. Burr is unable or unwilling to convince his fellow Republicans to allow votes on Diaz and Eagles." Glenn Sugameli, Letter to the Editor
GOP blockage (Wichita Eagle, 08/31/10)
"Senate Republicans continue unprecedented across-the-board blockages, regardless of the merits, of judicial nominees. They will not allow the Senate to vote on more than 20 judicial nominees who were approved in committee, including many endorsed without dissent months ago. Federal judicial vacancies have risen to more than 100." [Glenn Sugameli. Letter to the Editor]
Judicial Nominees Still Being Blocked (Pilot (So Pines, NC), 08/30/10)
"You aptly described “the virtual freeze that Republicans have imposed on judges and others nominated by President Obama” and how GOP Senate Leader Mitch McConnell blocked floor votes on nominations of North Carolina judges Albert Diaz and Jim Wynn to the 4th Circuit U.S. Court of Appeals. After an Aug. 4 Public Policy Polling survey showed North Carolina voters overwhelmingly (58 percent to 16 percent) supported prompt votes on Diaz and Wynn, senators finally confirmed Judge Wynn by unanimous consent. [Sen. Richard Burr is unable or unwilling to convince his Republican colleagues to allow floor votes on Diaz and Eagles." Glenn Sugameli published Letter to the Editor
Burr should do more to move Diaz confirmation through U.S. Senate (Rocky Mount Telegram, 08/17/10)
Published Glenn Sugameli Letter to the Editor: "Sen. Burr’s press release absurdly states: “I hope the Majority Leader will put political gamesmanship aside and make the confirmation of Judge Diaz a priority.”
Senate Republican holds (threatened filibusters) have blocked floor votes on many nominees. These include Diaz, whom the Judiciary Committee approved (19-0) the same day as Wynn more than six months ago; and N.C. Federal District Court nominee Catherine Eagles, who was also approved in committee without dissent months ago.
While 58 percent of North Carolina voters support a prompt vote on Diaz (Public Policy Polling survey), Sen. Burr is unable or unwilling to convince his Republican colleagues to allow a vote."
With Wynn confirmed, it’s Diaz’s turn for a vote (Greensboro News & Record [NC], 08/11/10)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli: "The question remains: Why has Sen. Richard Burr’s impotent support for Judge Diaz not convinced his fellow Republicans to allow a floor vote during the more than six months since the Judiciary Committee voted 19-0 to approve Diaz on the same day it approved Wynn?
A new Public Policy Polling survey found that 58 percent of North Carolina voters said that the U.S. Senate should vote as soon as possible on both judges."
A Friend of the Earth Joins the Supreme Court (Earth Connection, 08/10/10)
"More than 40 national environmental organizations actively supported President Obama’s appointment of Elena Kagan to the Supreme Court. In a letter to Senators prior to last Thursday’s Senate approval of Kagan’s confirmation, the groups cited her “understanding of the importance of fair Court decisions that uphold, enforce, and correctly interpret laws that protect people, wildlife, and the environment.”"
Environmental Groups Smile on Kagan's Ascension to Supreme Court (Environment News Service, 08/06/10)
"A letter signed by 45 groups and sent to the senators on Tuesday says, "Kagan is extremely well qualified to serve on the Supreme Court and we endorse her nomination without qualification."
The groups that signed the letter include some of the country's largest and most influential organizations such as the League of Conservation Voters, Earthjustice, the Wilderness Society, the Sierra Club, Defenders of Wildlife, Audubon, the National Hispanic Environmental Council and Greenpeace USA. Regional conservation groups are also represented."
Goodwin Liu Nomination Blocked (Los Angeles Times, 08/06/10)
Glenn Sugameli, a lawyer for Defenders of Wildlife, said he thought Liu and Chen could still be confirmed. "I believe they will be re-nominated in September, and the Democrats will make a strong push for a floor vote," he said.
SENATE: Kagan confirmed for Supreme Court (Environment & Energy (E & E) Daily, 08/05/10)
"Kagan was backed by some of the nation's largest environmental advocacy groups, 45 of which sent a letter urging the Senate to approve her nomination. The letter, which was written and circulated by Defenders of Wildlife, pointed to her statements during confirmation hearings that Congress has broad authority to pass environmental laws and that the Supreme Court should give them deference.
"The court is narrowly and deeply split on critical constitutional and statutory environmental protection issues," the letter said. "Kagan's record and her Supreme Court confirmation hearing testimony demonstrate an essential understanding of the importance of fair Court decisions that uphold, enforce and correctly interpret laws that protect people, wildlife, and the environment.""
Hotline Whip Count Lacks Three "Yes" Votes (National Journal, 07/23/10)
Comprehensive links to Elena Kagan Senator Statements on www.JudgingtheEnvironment dot org
include three firm "Yes" votes that Hotline should add:
An old and a new one from Senators' websites:
Senator [Jack] Reed Will Vote for Kagan
(Democrat - Rhode Island) 07/16/10
Dodd Statement in Support of Elena Kagan to be the Next Supreme Court Justice
(Democrat - Connecticut) 07/23/10
Plus this POLITICO interview:
Sen. Landrieu will back Kagan
(Democrat - Louisiana) 07/14/10
"Sen. Mary Landrieu (D-La.), who Republicans had hoped would join them, told POLITICO on Tuesday she’ll back Kagan."
-Glenn Sugameli
Judging the Environment
Defenders of Wildlife
Washington, D.C.
SUPREME COURT: Graham joins Democrats as Judiciary panel approves Kagan (Greenwire, 07/20/10)
"35 environmental organizations ... backed her in a letter sent yesterday to Judiciary Chairman Patrick Leahy (D-Vt.) and Sen. Jeff Sessions (R-Ala.), the committee's ranking member. ..."The court is narrowly and deeply split on critical constitutional and statutory environmental protection issues," says the letter, which was written and circulated by Defenders of Wildlife. "Kagan's record and her Supreme Court confirmation hearing testimony demonstrate an essential understanding of the importance of fair Court decisions that uphold, enforce and correctly interpret laws that protect people, wildlife, and the environment.""
Joint Letter from Environmental Organizations (ABA Journal, 07/19/10)
Senate Judiciary Committee link to: July 19, 2010 - Joint Letter from Environmental Organizations [Defenders of Wildilfe, Audubon, Greenpeace USA, Earthjustice, League of Conservation Voters, Endangered Species Coalition, Sierra Club, Friends of the Earth, The Wilderness Society, Advocates for the West, Alaska Center for the Environment, Alaska Wildlife Alliance, KEntucky Resources Council, Inc., Audubon Society of Rhode Island, Magic, Californians for Alternatives to Toxics, McKenzie Guardians, Citizens for Public Resources, Midwest Environmental Advocates, Conservation Northwest, Montana Environmental Information Center, Endangered Habitats League, Northwest Environmental Advocates, Friends of Blackwater, Oregon Wild, Great Old Broads for Wilderness, Public Lands Without LIvestock, Green Delaware, Soda Mountain Wilderness Council, Gulf Restoration Network, WaterWatch of Oregon, Idaho Conservation League, WildEarth Guardians, Idaho Rivers United, The Xerces Society for Invertebrate Conservation]
UPDATES to Kagan Whip Count: Specter A Yes (National Journal, 07/15/10)
"Four more Yes and one No All links to Kagan Senator Statements are on my website Judging the Environment (one word dot org) Hotline Whip Count still needs to add four YES Feinstein (statement on her website); Dorgan (statement on Senatus); Landrieu (Politico interview); Stabenow (statement on her website) and one No Chambliss (statement on his website)" -Glenn Sugameli. Judging the Environment
UPDATE to Hotline Whip Count: The Kagan Nomination (National Journal, 07/14/10)
"New YES vote. POLITICO reported today that "Sen. Mary Landrieu (D-La.), who Republicans had hoped would join them, told POLITICO on Tuesday she’ll back Kagan."" Glenn Sugameli. Judging the Environment
UPDATE to Hotline Whip Count: The Kagan Nomination (National Journal, 07/13/10)
"Yet another July 13 YES vote from a Senator's website's press release: "Oregon’s Senator Jeff Merkley announced his intention to vote to confirm United States Solicitor General Elena Kagan as the next Associate Justice of the Supreme Court."" -Glenn Sugameli, Judging the Environment
Update to Hotline Whip Count: The Kagan Nomination (National Journal, 07/13/10)
"Please add Sen. Durbin to Hotline's Count of Yes votes; he concluded a July 12 Floor speech "I will be proud to cast a vote in favor of the nomination of Elena Kagan to the Supreme Court."
Also, Sen. Cardin's July 11 Op-Ed concluded "I believe Elena Kagan possesses the qualifications and judicial temperament to be a member of the Supreme Court."" -Glenn Sugameli, Judging the Environment
Comment re: Hotline Whip Count: The Kagan Nomination (National Journal, 07/09/10)
Judging the Environment's Glenn Sugameli: "Just added to my Judging the Environment website (one word dot org) compilation of over 130 Senator Statements on Elena Kagan: [Sen. Mark] Udall to support Kagan (Democrat - Colorado) 07/09/10 Sen. Mark Udall, D-Colo., will vote to confirm Elena Kagan to the U.S. Supreme Court, Udall said today. Kagan, President Obama’s second nomination to the high court, demonstrated a “wide range of experiences and impressive intellect,” Udall said in a statement released today of Kagan’s testimony before the Senate Judiciary Committee. “I am confident that she is not a rigid ideologue and her approach toward deliberating cases makes her a fine candidate for the Supreme Court,” Udall said."
Comment on Hotline Whip Count: The Kagan Nomination (National Journal, 07/06/10)
Judging the Environment's Glenn Sugameli: "Hotline's collection of formal and definitive Senator statements on the Kagan nomination is very helpful. I am compiling a broader set of links to and excepts from Senator Statements on Elena Kagan on my Judging the Environment (one word .dot org) website, including Sen. Franken's "I'm going to vote for Elena Kagan" statement to reporters today, and more than 125 other less definitive but illuminating statements."
SUPREME COURT: After week of hearings, Kagan seen as taking Stevens' place on enviro cases (Environment & Energy (E & E) Daily, 07/02/10)
"Kagan encouragingly emphasized the role of Congress in defining within broad limits who should have standing to enforce the Clean Air Act, Clean Water Act, Endangered Species Act and other laws," said Glenn Sugameli, a staff attorney at Defenders of Wildlife, who leads the advocacy group's Judging the Environment project.
Blocked GW Bush Judical Nominees Could Have Changed Results (Concurring Opinions, 06/23/10)
Judging the Environment's Glenn Sugameli posted comment on "
Which President Appointed Judicial Ideologues?" study: "Only (some of) the worst and most ideological of President George W Bush’s judicial nominees were not confirmed; if they had been, it could well have affected the results.
For some specific examples, see my Feb. 29, 2008 ACSBlog Guest Post “Guest Blogger Glenn Sugameli: Bush Judicial Nominees- Torture, Alice in Wonderland, Shoplifting, Ethics and more” and my Judging the Environment [.org] website, which compiles thousands of searchable & sortable links to GW Bush and Obama judicial Nominee and Issue Senator Statements, Editorials & Op-Eds, reports, letters and more."
Secret Holds Continue to Block Non-Controversial Federal Judicial Nominees (Legal Times, 06/22/10)
Posted comment by Judging the Environment's Glenn Sugameli on "Senate Confirms a Herd of Nominees": "What does not happen can be vital, as in Sherlock Holmes’ dog that did not bark.
The most telling thing about the Senate agreement to confirm 60 nominees today is the fact that it did not include any nominees to fill 100 federal appellate and district court vacancies. (US Courts website).
What is unprecedented is that many judicial nominees who were unanimously approved by the Senate Judiciary Committee long ago are still being blocked by secret holds.
For more information, my Judging the Environment website has thousands of links to Senator statements, editorials, and more on Supreme Court and other federal judicial nominations and related issues such as access to courts. "
Secret Holds Block Non-Controversial Federal Judicial Nominees (A plain blog about politics, 06/22/10)
Posted comment by Judging the Enviroment's Glenn Sugameli on "Logjam Eased": "Thanks for the timely posting. Unfortunately, however, today’s Senate deal did not, as you report, fill “three vacancies on the DC Circuit.”
The Senatus blog list that you link to only includes three judges for the local court--the Superior Court of the District of Columbia.
What does not happen can be vital, as in Sherlock Holmes’ dog that did not bark.
The most telling thing about the Senate agreement to confirm 60 nominees today is the fact that it did not include any nominees to fill lifetime seats on the U.S Court of Appeal s for the D.C. Circuit or any of the100 federal appellate and district court vacancies. (US Courts website). The three federal district judges that you note were confirmed yesterday hardly made a dent.
What is unprecedented is that many judicial nominees who were unanimously approved by the Senate Judiciary Committee long ago are still being blocked by secret holds.
My Judging the Environment website has thousands of links to Senator statements, editorials, and more on Supreme Court and other federal judicial nominations and related issues such as access to courts."
Secret Holds are Still Blocking Non-Controversial Federal Judicial Nominees (Washington Post, 06/22/10)
Posted Comment by Judging the Environment's Glenn Sugameli on "Senate confirms more than 60 Obama nominees" post: "Thanks for the timely posting, but the reference to inclusion of "Several federal judges" is somewhat misleading. The Senatus blog has posted the list of confirmed nominees and only three judges for the local court-the Superior Court of the District of Columbia- are included.
The US Courts website lists 100 federal appellate and district court vacancies, plus 21 future vacancies.
What is unprecedented is that many judicial nominees who were unanimously approved by the Senate Judiciary Committee long ago are still being blocked by secret holds.
My Judging the Environment website has thousands of links to Senator statements, editorials, and more on Supreme Court and other federal judicial nominations and related issues such as access to courts."
Understanding Issues in Takings Cases Critical for Federal Circuit Judges (Daily Journal, 06/08/10)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli: ""Seat Opens on Patent Appeals Court" (June 2) presented an incomplete picture by describing
the creation of "another opening on the nation's top patent appeals court for President Barack
Obama to fill." . . .It is critical that Federal Circuit judges understand the very complex set of issues involved in
takings cases. Indeed, the court does not only set federal precedents; state courts across the
country heavily rely upon rulings by the "takings court."
Republicans for Goodwin: Ford Cabinet Secretary William Coleman Speaks Out (Confirm Goodwin Liu blog, 05/13/10)
Jonathan Singer: Add another major name to the list of leading Republicans backing the nomination of Goodwin Liu: William T. Coleman, Jr.. Coleman has been one of the most outstanding attorneys and public servants in post-WWII America, breaking ground as the first African-American law clerk on the Supreme Court, working together with Thurgood Marshall on Brown v. Board of Education, and serving as Transportation Secretary to Gerald Ford. In 1995, President Bill Clinton awarded him the Presidential Medal of Freedom. Late last month, Coleman penned a letter (.pdf), available through JudgingTheEnvironment.org, to the Judiciary Committee
Elena Kagan started Harvard environmental law program (USA Today, 05/11/10)
"She has an in-depth knowledge of the nuts and bolts of how issues work in the real world," Glenn Sugameli, an attorney at Defenders of Wildlife and founder of Judging the Environment, which monitors federal courts, tells Grist.
Elena Kagan, climate realist (Grist Magazine, 05/10/10)
"She has an in-depth knowledge of the nuts and bolts of how issues work in the real world," said Glenn Sugameli, an attorney at Defenders of Wildlife and founder of Judging the Environment, which monitors federal courts. "That's important because, if you look at the current court, they're almost all lifetime ‘judicial monastery' types. They're so used to looking at things from a judge's standpoint that they don't really understand them."
SUPREME COURT: Kagan introduced as nominee (Greenwire, 05/10/10)
"We look forward to the Senate's deliberations on this important nomination as the court is sharply and closely divided on the fate of basic environmental safeguards and citizens' access to court. Respect for and understanding of environmental laws that protect all Americans are essential," said Glenn Sugameli, a staff attorney at Defenders of Wildlife who leads the advocacy group's Judging the Environment project. "The next justice will help determine the fate of basic environmental safeguards for decades to come."
Obama Nominates Solicitor General Kagan to the U.S. Supreme Court (Environment News Service, 05/10/10)
Glenn Sugameli, founder and head of the environmental community's Judging the Environment project, said, "We welcome President Obama's Supreme Court nomination of Elena Kagan, whose record shows an essential understanding of the importance of upholding and enforcing laws that protect people, wildlife and the environment."
"While she was dean of Harvard Law School, Kagan made environmental law a top priority," said Sugameli. "She helped found the Environmental Law Program, and, in one of her most prominent hires, recruited prominent environmental scholar Jody Freeman to lead the program. Kagan also started an Environmental Law and Policy Clinic where students provide vital assistance on cases and policy."
"It is critical that Justice Stevens' successor be fair-minded and experienced and understand why environmental laws were written," Sugameli said.
More Reaction to Kagan Nomination (Legal Times, 05/10/10)
Glenn Sugameli, staff attorney, Defenders of Wildlife
“We welcome President Obama’s Supreme Court nomination of Elena Kagan, whose record shows an essential understanding of the importance of upholding and enforcing laws that protect people, wildlife and the environment. While she was dean of Harvard Law School, Kagan made environmental law a top priority. She helped found the Enviromental Law Program, and in one of her most prominent hires, recruited prominent environmental scholar Jody Freeman to lead the program. Kagan also started an Environmental Law & Policy Clinic where students provide vital assistance on cases and policy. It is critical that Justice Stevens’ successor be fair-minded and experienced and understand why environmental laws were written.”
Wednesday round-up (SCOTUSBlog, 04/28/10)
"Glenn Sugameli, writing for ACSblog, recalls the perceived unlikelihood of the Monsanto petition being granted and reviews the Court’s recent record in environmental cases."
The Supreme Court’s Activist, Pro-Corporate Opinions and Case Selection (American Constitution Society Blog, 04/26/10)
Judging the Environment's Glenn Sugameli Guest Post: "understanding how the activist Court has undermined laws that protect ordinary Americans requires that attention must be paid to one-sided decisions whether or not to review environmental and other cases."
Earth Day Highlights Importance of Judicial Nominations, Lawmakers and Advocates Say (American Constitution Society Blog, 04/22/10)
"Federal courts decide the fate of lawsuits that attack safeguards for clean air, clean water, endangered species, and special natural places," Judging the Environment's Glenn Sugameli recently wrote at ACSblog. "Judges must uphold anti-pollution and conservation laws against unjustifiable claims that their enactment exceeded Congress' Commerce Clause authority, and that they take away non-existent 'property rights' to pollute." "Supreme Court Justice John Paul Stevens's retirement highlights just how much Americans rely on fair and independent judges to uphold and enforce laws that protect people and our environment," Sugameli concludes. EPA administrator Lisa P. Jackson echoed Sugameli's sentiments today.
What the green movement needs from the next Supreme Court justice (Grist Magazine, 04/14/10)
"Federal-court watcher Glenn Sugameli suggests two ways President Obama's next Supreme Court nominee can help make the court more ecologically intelligent. Nine years ago Sugameli founded Judging the Environment, a clearinghouse for info on how federal judges (who get lifetime appointments) determine environmental policy. He's also a staff attorney at Defenders of Wildlife,"
Jesse Choper's Comprehensive Defense of Goodwin Liu (Confirm Goodwin Liu blog, 04/14/10)
"JudgingtheEnvironment.org, a repository for all things related to judicial nominations, recently posted a letter (.pdf) sent by eminent constitutional scholar Jesse Choper, a colleague of Goodwin Liu's (and a former professor of mine) at Berkeley Law, to the top members of the Senate Judiciary Committee."
Wednesday round-up (SCOTUSBlog, 04/14/10)
At ACSblog, Glenn Sugameli contends that Stevens’s replacement should be a strong proponent of environmental protections. Jonathan Hiskes of Grist asks “How green are Obama’s potential Supreme Court picks?” and evaluates the environmental records of the three leading candidates.
Environmentalists Losing Key Supreme Court Ally (Environment (change.org), 04/12/10)
Stevens' successor will "help determine the fate of basic environmental safeguards for decades to come," says Glenn Sugameli, founder of the website Judging the Environment. "Four of the remaining Justices unjustifiably attempted to gut the Clean Air Act’s global warming provisions, and to reinterpret the Constitution to selectively prohibit access to court in the 2007 Massachusetts v. EPA case. In that case, Justice Stevens’s vote was decisive."
Roundup: Lawmakers And Activists On Stevens (National Journal, 04/09/10)
Glenn Sugameli, founder of the Judging the Environment project, wrote that Stevens "has a lengthy, very distinguished, and lasting legacy of upholding laws that safeguard our environment. President Obama's selection of a new justice will help determine the fate of basic environmental safeguards for decades to come."
SUPREME COURT: Stevens to retire at term's end (Greenwire, 04/09/10)
Environmental groups consider Stevens a fairly reliable vote in their favor, said Glenn Sugameli, a federal courts expert and staff attorney at Defenders of Wildlife...."Stevens has a lengthy, very distinguished and lasting legacy of upholding laws that safeguard our environment," Sugameli said. "President Obama's selection of a new justice will help determine the fate of basic environmental safeguards for decades to come."
Interest Groups Weigh In on Stevens (Wall Street Journal, 04/09/10)
Glenn Sugameli, staff attorney for the Judging the Environment website on federal judicial nominations: “Retiring Supreme Court Justice John Paul Stevens has a lengthy, very distinguished, and lasting legacy of upholding laws that safeguard our environment. President Obama’s selection of a new justice will help determine the fate of basic environmental safeguards for decades to come.”
The Leslie Marshall syndicated radio show (Leslie Marshall radio show, 04/07/10)
Interview of Judging the Environment's Glenn Sugameli from 7:30- 8:00 pm ET by Guest Host Karl Frisch mp3 (second of two guests)
SUPREME COURT: Stevens to decide on retirement next month (Greenwire, 03/16/10)
While environmental groups would lose one of their most reliable supporters, said Glenn Sugameli, a staff attorney at Defenders of Wildlife, they will also lose a justice with "intangibles" -- including a relatively strong rapport with key swing vote Justice Anthony Kennedy. Kennedy joined the majority in Massachusetts v. EPA, which provided the legal basis for EPA's emerging effort to curb emissions of carbon dioxide and other greenhouse gases.
"Any change on the Supreme Court could help decide the fate of environmental laws for decades to come. The court is very closely split, 5-4, on a number of major environmental issues," Sugameli said. "A new nominee will obviously be much younger and will likely be around to decide issues that nobody's really even thought of yet."
Malkin’s claim about nomination erroneous (State Journal-Register [IL], 03/12/10)
Glenn Sugameli (Judging the Environment) published Letter to the Editor: "Paul Cassell, a very conservative former U.S. district Judge appointed by President George W. Bush. ...
wrote “Given that the ABA was evaluating Scott in roughly January, one would expect an announcement roughly six weeks later — exactly as happened here. Unfortunately for conspiracy theorists, the facts show that the Scott Matheson nomination has nothing to with the health-care debate.”"
Re: Whip Count (No. 14 in a Series) – One Blue Dog Barks No, Another Stays Silent (ABC News, 03/10/10)
Posted Comment by Judging the Environment's Glenn Sugameli: "ABC News aptly notes that "Matheson has been the subject of much evidence-free speculation by conservative media about alleged -- and unproven -- vote-buying" and that "Significantly, both of Utah’s Republican senators have stated that Scott Matheson’s judgeship has been in the works for a long time and is not part of any quid pro quo." The conservative media conspiratorial fantasy has also been debunked by The Salt Lake Tribune (which “laughed the … suggestion off the table”), the right-wing Power Line blog, and Paul Cassell, a very conservative former U.S. District Judge appointed by President George W. Bush."
Re: What A Coincidence (Daily News Record, 03/10/10)
Posted Coment by Glenn Sugameli (Judging the Environment): "The White House is not alone in rejecting this absurd allegation. Others who have debunked this fantasy include Utah Republican Senators Orrin Hatch and Bob Bennett, the right-wing Power Line blog, The Salt Lake Tribune (which "laughed the ... suggestion off the table"), and Paul Cassell, a very conservative former U.S. District Judge appointed by President George W. Bush. . . . Is there any reason your readers should disbelieve all of these solidly conservative sources who know the facts far better than your totally speculative editorial?"
Re: Pay-For-Play The Obama Way? (Daily News Record, 03/10/10)
"According to “Michelle Malkin: The Obama way: Bluster, bully, bribe” (Mar. 8), "The White House took great offense this week when conservatives suggested President Obama might be trading a judicial appointment for a wavering Democrat's vote on his health care reform plan." Malkin failed to notice that the White House was not alone; this conspiratorial fantasy has been debunked by Utah Republican Sens. Orrin Hatch and Bob Bennett, The Salt Lake Tribune (which “laughed the … suggestion off the table”), the right-wing Power Line blog, and Paul Cassell, a very conservative former U.S. District Judge appointed by President George W. Bush."
Re: Discipline Board Recommends One-Year Suspension for Former White House Aide (Legal Times, 03/10/10)
Glenn Sugameli: "As reflected in its title, "Discipline Board Recommends One-Year Suspension for Former White House Aide," the BLT's commendable posting omits one key fact.
Even more remarkable in this context than Claude Allen's theft by fraud while he served in President George W. Bush's White House, is Bush's previous nomination of Allen to a lifetime seat on the U.S. Court of Appeals for the Fourth Circuit.
To understand how Claude Allen was part of a pattern of failed Bush judicial nominees with severe, objective problems, see the Feb. 29, 2008 ACSBlog, "Guest Blogger Glenn Sugameli: Bush Judicial Nominees- Torture, Alice in Wonderland, Shoplifting, Ethics and more" or my www.judgingtheenvironment.org website."
RE: Meet the 18 House Dems whose votes matter most on health care (Examiner, 03/09/10)
Posted Comment by Judging the Environment's Glenn Sugameli: "Ironically, Online Opinion Editor David Freddoso apparently did not read my letter printed in the written edition on p. 20 (Mar. 9), before he repeated Michelle Malkin's descredited smear when he wrote: "Jim Matheson, Utah – Just as he began to contemplate his vote, President Obama appointed his brother Scott to a federal judgeship.""
Malkin wrong in smear campaign against Matheson (St. Louis Globe-Democrat, 03/09/10)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli: Malkin erroneously claims that “for nearly a year,” while this judgeship was vacant, “there was no action.” But, every judicial nominee selection triggers months of FBI and American Bar Association vetting before a public announcement.
Malkin only one to see conspiracy in nomination (Examiner, 03/09/10)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli: "Michelle Malkin spreads a smear and blames the victims as she details unfounded suggestions that Scott Matheson’s announced appellate court nomination was somehow tied to a potential health care vote by his brother, Rep. Jim Matheson (D-Utah)."
Re: Jay Evensen's perspectives on the news: Health care hardball (Deseret Morning News, 03/08/10)
Posted comment by Judging the Environment's Glenn Sugameli: "Given the facts discrediting this smear, Jay Evensen's "I don't believe the Scott M. Matheson Jr. appointment was a quid pro quo" conclusion is too weak. Senators Orrin Hatch and Bob Bennett debunked this conspiratorial fantasy. The Salt Lake Tribune “laughed the … suggestion off the table.” "
“The Obama Way: Bluster, Bully, Bribe” (Paramus Post [NJ], 03/07/10)
Glenn Sugameli (Judging the Environment) published Letter to the Editor: Michelle Malkin's coumn "spreads baseless rumors and blames victims of a smear. ...Utah Republican Senators Orrin Hatch and Bob Bennett debunked this conspiratorial fantasy and The Salt Lake Tribune “laughed the … suggestion off the table.”"
Update to Webb, Warner urge confirmation of 4th Circuit nominee (Washington Post, 02/27/10)
Judging the Environment's Glenn Sugameli:
"UPDATE: Incredibly, next Tuesday vote on Judge Keenan's nomination is not an up-and-down vote. Unexplained GOP Senate opposition has forced a scheduled cloture (anti-filibuster) vote to cut off debate, even though the Judiciary Committee approved Judge Keenan by a unanimous voice vote back in October. When Senators Jim Webb and Mark Warner urged a vote on the merits this week, they explained that Republican Governor McDonnell specifically requested that Justice Keenan deliver him the oath of office.
Continuing across-the-board obstruction of President Obama’s consensus judicial nominees has caused federal court vacancies to exceed 100.
Unless one or more Senators publicly explain the delay of Keenan, it will be obvious that this is just the latest example of mindless GOP Senate partisanship."
Supreme Court Denies 3 High-Profile Environmental Cases (Greenwire, 02/23/10)
The Supreme Court's decision to pass on the case leaves the Federal Circuit's decision as the precedent for future takings cases involving federal agencies. Because that court is the destination for nearly all appeals on federal claims cases, the ruling carries substantial weight, said Glenn Sugameli, a staff attorney with Defenders of Wildlife.
"A decision at that level is normally final right now, absent Supreme Court review," Sugameli said. If the Supreme Court had stepped in and sided with Rose Acre Farms on the takings claim, he added, "you could end up with all levels of government always erring on the side of not protecting public health."
What Have U.S. Senators Said About CU? (Election Law Blog, 02/04/10)
Links to Judging the Environment's compilation of excerpts from and links to Senator Statements on the Supreme Court's Citizens United decision as "A compendium [Link]."
CU and SOTU (Election Law Blog, 01/27/10)
Rick Hasen: "Judging the Environment" collects CU-related opeds. [LINK]
Latest on Citizens United v. FEC (American Constitution Society Blog, 01/26/10)
"Judging the Environment is collecting scores of op-eds from across the country here. [LINK]"
COURTS: Senate to vote on long-delayed 11th Circuit nominee (Environment & Energy (E & E) Daily, 01/19/10)
Glenn Sugameli, a staff attorney with Defenders of Wildlife, said he has been surprised to see a nominee wait months for confirmation when no one has voiced significant opposition.
"It's a very strange process right now, and it may very well determine the fate of environmental laws for decades to come," Sugameli said.
Letters to the Editor: Not All Senators Display Hypocrisy (Richmond Times-Dispatch, 12/02/09)
Judiging the Environment's Glenn Sugameli- published letter: Your editorials, "Flipping Out" and "Do Unto," unjustly included blanket condemnation of "the Senate's Republicans and Democrats" for hypocritically flip-flopping on filibusters of judicial nominees, and missed the ultimate irony displayed by some senators.
Ten Republican senators from across the political spectrum consistently voted to end a filibuster against Judge David Hamilton's nomination to a federal appeals court. It is also not hypocritical for Democrats who supported specific filibusters to oppose one against Hamilton, who was selected with the strong approval of his home-state senators, including Richard Lugar, the senior Republican in the Senate.
"Do Unto" recognizes that in 2005, "The GOP . . . asserted that filibusters of nominations implicitly violated the Constitution." For example, Sen. James Inhofe declared that such filibusters are "contrary to our oath to support and defend the Constitution." The missing irony is the latest explanation by Inhofe and other senators: They opposed Hamilton because they feared he might change the Constitution, but by filibustering him these senators violated what they insisted the Constitution requires.
Despite hypocrisy, filibuster ended (Roanoke Times, 11/24/09)
Judging the Environment's Glenn Sugameli published Letter to the Editor: "In the ultimate hypocrisy, 29 senators who claimed not to trust a judicial nominee to interpret the Constitution tried to block him by violating what they insisted the Constitution requires.
However, 10 Republican senators from across the country and the political spectrum joined a successful vote to end the filibuster of President Obama's first appellate court nominee, David Hamilton."
COURTS: Confirmation shifts 4th Circuit toward Democrats' appointees (Greenwire, 11/10/09)
Mountaintop removal case shows need to fill 4th Circuit vacancies: "Only about half of the court voted in this case," said Glenn Sugameli, a staff attorney with Defenders of Wildlife. "The point of an en banc rehearing is to allow the full court to weigh in on a matter, and the fact that you have this many vacancies and this many recusals on such a significant case shows how the process isn't working." Wilkinson's minority opinion suggests the potential for similar cases to have a different outcome with new additions to the court, Sugameli said.
"All you need is to get to seven. Three new judges could make a difference, let alone five," he said.
GOP should allow votes (Mobile Press-Register [AL], 10/29/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli: "The message of the Press-Register's Oct. 25 editorial "Benjamin deserves Senate vote" was bolstered by Health and Human Services Secretary Kathleen Sebelius, who said: "We are facing a major pandemic; we have a well-qualified candidate for surgeon general; she's been through the committee process. We just need a vote in the Senate." Ranking U.S. Senate Judiciary Committee member Jeff Sessions and Sen. Richard Shelby, both of Alabama, could also tell their Republican colleagues to allow votes on the unprecedented number of truly noncontroversial judicial nominations that are stalled. These include U.S. District Judge Beverly Martin's nomination to the 11th U.S. Circuit Court of Appeals, which includes Alabama. Despite support from her Georgia home-state Republican senators and a Sept. 10 unanimous Judiciary Committee voice vote, Martin remains in limbo. In contrast, the 2007-08 Democratic Senate confirmed 23 Bush judges within a week of committee approval."
Judicial Nominee Under Attack (Daily Journal, 10/28/09)
Quotes Judging the Environment's Glenn Sugameli on blocked Obama judicial nominees "It seems to me that they're being used as pawns in a bigger game,"
Posted Comment on Wall Street Journal Editorial (Wall Street Journal, 10/15/09)
"Leahy's Bench Press: Senate Democrats try to pack the federal courts," (Review & Outlook, Oct. 12) misstates and omits key facts. As of Oct. 12, there were 19 announced judicial nominations, not 16 (there are 20 now), and they included a Second Circuit nominee, Judge Denny Chin. It is true that “Congress hasn't passed major legislation to address the logjam on the federal bench since 1990,” but the editorial omits the context. Then-Senate Judiciary Chairman Biden did not delay the effective date of the bill, and President George H.W. Bush thanked Biden for giving him 85 new judgeships to fill. The editorial cites Utah Republican Orrin Hatch’s cosponsorship of the 2008 version of the current Federal Judgeship Act, but ignores his reasons: the Senate should create new judgeships “without political gambles or speculation about the outcome of a Presidential election . . . based on the judicial conference’s assessment of their needs, not on backroom political deals." Criticizing Senator Patrick Leahy’s “plan” ignores the fact that his 2008 and 2009 bills both implement what the Free Congress Foundation calls “the objective and unfortunately necessary, recommendation for more Federal judgeships issued by the Judicial Conference.” The editorial admits that “the need for new judges” is “urgent,” and that new judgeships “would be good for efficient justice.” Contrary to the Biden and Leahy examples, however, the editorial would delay and hence deny justice until after November 2012. -Glenn Sugameli,Staff Attorney, Judging the Environment
Court Majority Rejected Justice O'Connor's 'Takings' Analysis in Eastern Enterprises (Daily Journal, 10/12/09)
Judging the Enviroment's Glenn Sugameli's published Letter to the Editor: Op-Ed "is fatally flawed by reliance on property rights 'takings' analysis in a non-existent 'majority opinion, written by Justice Sandra Day O'Connor . . . . Both O'Connor's analysis and finding of a taking were rejected by a majority of the Court: the four Justices who disagreed with the result in the case and Justice Kennedy, who was the only Justice to find a due process violation. Since then, courts have ruled against Eastern Enterprises takings/ due process challenges to a wide range of laws."
LETTER TO EDITOR: Unjust delay of justice (Washington Times, 10/10/09)
Defenders of Wildlife's Glenn Sugameli published letter: "Your editorial, "Democrats try to pack the courts" (Opinion, Monday), ignores and rewrites history. The Federal Judgeship Act of 2009 (S. 1653) is based upon nonpartisan recommendations by the Judicial Conference of the United States, the federal courts' policymaking body. Last year, prominent Republican senators co-sponsored a very similar bill, and the Judiciary Committee's approval included the votes of two-thirds of the committee's Republicans, including Sen. Sam Brownback of Kansas, Sen. Orrin G. Hatch of Utah, and Sen. Jon Kyl of Arizona. In 1990, when President George H.W. Bush signed the last comprehensive judges bill, he thanked then-Senate Judiciary chairman Sen. Joseph R. Biden Jr., Delaware Democrat, for giving him 85 new judgeships to fill. In contrast, your editorial plays politics. By urging that "new seats don't open up until after the next presidential election," it ensures that justice delayed will be justice denied in overburdened courts."
SUPREME COURT: Senate confirms Sotomayor, 68-31 (Environment & Energy (E & E) Daily, 08/06/09)
Sotomayor has received near-unanimous support from national, regional and local environmental groups .... "Environmental cases have gained significant importance in the Supreme Court in the last few years," said Earthjustice President Trip Van Noppen in a statement released after the vote. "During her confirmation hearings, Senators routinely questioned Judge Sotomayor on her perspective on the Clean Water Act and other environmental laws. It is obvious that environmental issues are receiving much more play and will continue to be major Supreme Court issues in the years to come. It is clear that smart and fair judges are essential to safeguarding our nation's environment and the public health."
Sotomayor Hearings Repeatedly Touched on Enviro Issues (New York Times, 07/17/09)
Supreme Court nominee Sonia Sotomayor addressed major issues of concern to the environmental community during Senate Judiciary Committee hearings that ended yesterday, shedding some light on how she would approach cases concerning regulatory takings, the Constitution's Commerce Clause, as well as her views on upholding congressional action regarding protective measures such as the Clean Water Act.
"Environmental issues received more play than some may have thought they would during the week," said Glenn Sugameli, senior counsel for Earthjustice.
SUPREME COURT: Specter questions Sotomayor on power-plant case (Environment & Energy (E & E) Daily, 07/16/09)
Earthjustice senior counsel Glenn Sugameli suggested Specter intended to encourage Sotomayor to stand behind her Clean Water Act interpretation "in cases where she is not bound by precedent."
"She implicitly said that the result she would reach would depend on the language of whatever specific Clean Water Act or other statutory provision was involved," Sugameli said.
Sotomayor Defends Opposition to Cost-Benefit Analysis in Fish Kill Case (OMB Watch, 07/16/09)
More than 60 environmental groups signed a letter to the Senate supporting Sotomayor. They said her decision in the fish kill case “reflects well-researched, thorough, and thoughtful legal analysis that probes the statute, its context, legislative history, and judicial precedent to discern and remain true to congressional intent.”
SUPREME COURT: Sotomayor questioned about upholding environmental protections (Environment & Energy (E & E) Daily, 07/15/09)
"Sotomayor's emphasis on paying particular attention to congressional findings was reassuring, as was her stress on deference to Congress in this context and in responding to Senator Cardin's concerns with Supreme Court decisions that he recognized have undermined the Clean Water Act," said Glenn Sugameli, senior counsel for Earthjustice.
Enviros back Sotomayor for Supreme Court (Grist Magazine, 07/12/09)
"More than 60 environmental and Native American groups—including the Sierra Club, Earthjustice, Greenpeace USA, the League of Conservation Voters, and the Center for Biological Diversity—have sent a letter [PDF] to leaders of the Senate Judiciary Committee offering unqualified support for her nomination. ... 'As recent, closely divided decisions demonstrate, the Supreme Court is playing a crucial role in environmental protections,' says Glenn Sugameli, senior policy counsel at Earthjustice."
Get Behind Supreme Court Nominee Sotomayor—60 Green Groups Already Have Yes, she's a strong, Hispanic woman—and she's green, too. (planet green, 07/10/09)
"60 of the nation's top environmental and conservation groups, including EarthJustice, the Sierra Club, Greenpeace, and the National Wildlife Federation, have drafted a letter voicing their support for Sotomayor....
The groups have written their endorsement because they've surveyed her judicial record and found that she's fair, measured, and thorough in her decisions."
60 Environmental Groups Support Sotomayor for Supreme Court (Environment News Service, 07/09/09)
"Our support for President Obama's nomination of Judge Sotomayor continues," said Trip Van Noppen, president of the nonprofit environmental law firm Earthjustice. "We are pleased that so many environmental groups agree." ... The letter was signed by some of the largest groups in the United States, including the League of Conservation Voters, Friends of the Earth, Greenpeace USA, the National Audubon Society, the Sierra Club, the National Wildlife Federation and The Wilderness Society. In total, they represent millions of members. ...
Environmental Issues Lose in Supreme Court: Mining Decision is Fifth to Disappoint Activists This Term (Daily Journal, 06/25/09)
"Addressing the mining case and others, Glenn Sugameli, an attorney with the environmental group Earthjustice, criticized the court for donning 'pro-business blinders' at the expense of other interests. Another example he cited was the 2nd Circuit case, in which the court reversed Judge - and likely future Supreme Court Justice - Sonia Sotomayor, who wrote the lower court opinion in favor of environmental groups. Entergy v. Riverkeeper, DJDAR 4885. ...With the Bush administration out of office, environmentalists are now hoping that the Supreme Court will, as Earthjustice's Sugameli put it, 'apply the same principles' of deference to the Obama administration if the EPA enacts new rules that are more pro-environment."
White House Press release: What They're Saying About Judge Sotomayor (, 06/19/09)
Earthjustice Said Sotomayor Possessed "Some Of The Strongest Qualifications Of Any Supreme Court Nominee In Many Years," Praised "Invaluable Perspectives" In Environmental Law. "The following statement is from Glenn Sugameli, senior legislative counsel and head of Earthjustice’s judicial nominations project since 2001: "Earthjustice welcomes President Obama’s Supreme Court nomination of Second Circuit U.S. Court of Appeals Judge Sonia Sotomayor, who has some of the strongest qualifications of any Supreme Court nominee in many years, including the most federal judicial experience in 100 years. Judge Sotomayor is well qualified in light of her personal, academic, legal, and judicial experience . Her knowledge, understanding and service as a federal trial and appellate court judge provide invaluable perspectives for deciding environmental protection and related issues, as reflected in her 80-page Riverkeeper v. EPA opinion." [Earthjustice Press Release, 5/26/09]
Nominee Looks Moderate on Environment (Daily Journal, 05/29/09)
"For environmentalists, the main source of their approval is the Riverkeeper opinion.
It's 'a good indication of her careful attention and understanding of the environmental statutes,' said Glenn Sugameli, the senior judicial counsel at Earthjustice"
In climate case, long delay by Sotomayor-led panel (National Law Journal, 05/28/09)
"Glenn Sugameli, an Earthjustice attorney in charge of judicial nominations, said Sotomayor has sided with and against environmentalists as an appellate judge. "We just want a judge who is fair." "
Judge Sonia Sotomayor: an environmental pragmatist (Examiner, 05/27/09)
Jean Williams, Seattle Environmental Policy Examiner quotes Earthjustice's Glenn Sugameli. Williams concludes: "The choice of Judge Sonia Sotomayor for a place at the U.S. Supreme Court table, is a bold, forwarding thinking choice, to help form a more inclusive, sensible, open-minded, balanced, and diversified American legacy."
Justice Sotomayor? (Deseret Morning News, 05/26/09)
Jay Evensen's perspectives on the news quotes Earthjustice on Sotomayor nomination.
Letter: Sowell showed little 'empathy' (Appeal-Democrat [CA], 05/16/09)
Published letter from Judging the Environment's Glenn Sugameli rebutting Thomas Sowell column: "Judges are not computers; they must understand how the U.S. Constitution and laws were written to alleviate real problems people face in many different circumstances."
Letter: Sowell column distorts meaning of empathy (Lima News, 05/12/09)
Published letter from Judging the Environment's Glenn Sugameli: "The headline of Thomas Sowell's May 5 column, " ‘Empathy' versus law," is a false dichotomy that befits a column that bizarrely distorts the meaning of empathy and then obscenely compares President Barack Obama's "rhetoric" with "the law that gave Hitler dictatorial power.""
Glenn Sugameli's published comment on Editorial (Washington Times, 05/08/09)
"The Washington Times editorial board would not have to retract anti-President Obama editorials, as it did on May 6, if it had the empathy to consider and understand opposing viewpoints.
For example, the "Editorial: Obama's Empath" (May 8) is absurd, for reasons I explained in my May 7 "Don't rule out empathy" Letter to the Editor that the Washington Times published (but apparently did not read).
As I wrote "Respect for the law requires judicial empathy - the ability to see the world from other people's points of view.... There is a reason why judges are people, not computers."
In light of the editorial's invocation of Star Trek, please note that even in Gene Rodenberry's utopian future, court martial and other legal cases are argued and decided by people, not machines."
LETTER TO EDITOR: Don't rule out empathy (Washington Times, 05/07/09)
"Respect for the law requires judicial empathy - the ability to see the world from other people's points of view. Empathy is needed to avoid bias, which can result from overreliance on a justice's own limited - and typically highly privileged and insulated - experience and perspective."
Letter: Rule of law needs judicial empathy (Chattanooga Times Free Press, 05/07/09)
Published Letter from Judging the Environment's Glenn Sugameli: "“‘Empathy’ or the Constitution ?” (editorial, May 5) mistakenly condemns any judge who dares to “empathize with others … those personal feelings should be carefully set aside in court in favor of complete impartiality and justice.” There is a reason why judges are people, not computers. They must understand how the Constitution and laws were written to alleviate real problems faced by people in many different circumstances. . . ."
Rewriting Constitution (Lewiston Morning Tribune (ID), 04/26/09)
Glenn Sugameli (Judging the Environment) Letter: "The Constitution's Takings Clause states "nor shall private property be taken for public use, without just compensation." George Will urges the Supreme Court to approve a request by wealthy casinos to review an "Illinois case and reject the preposterous idea that money is not property within" this clause's scope. ("Illinois robs riverboat casinos to play the ponies, Tribune, April 12).
But as conservative columnist Matthew J. Frank explains, Will is wrong (National Review Online "Taking Stock of the Takings Clause"):
" '(M)oney is not property' where the takings clause is concerned (because) (t)he clause makes no sense otherwise." If a court found that a tax was for a "public use" so "the taking was valid," there must be compensation, meaning "the tax money, to the last penny, must be returned."
George Will does not like this Illinois levy because it benefits horse racing. He cannot, however, rewrite the Constitution to create takings claims against a levy that the casinos can seek to change though the legislature."
George Will misleading (Anniston Star, 04/24/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli on two George Will columns that misread the Constitution.
Delegation of power kept in check (Columbian [WA], 04/21/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli rebutting letter and columnist on property rights takings.
George Will got it wrong on stimulus bill (Daily Advertiser [Lafayette, LA], 04/21/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli rebutting columnist's misreading of the Constitution.
Will off mark (Scranton Times-Tribune, 04/21/09)
Published letter to the Editor from Judging the Environment's Glenn Sugameli rebutting columnist's constitutional property rights/ takings argument.
George Will was mistaken (Vindicator [Youngstown, OH], 04/19/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli regarding column on Constitution's Takings Clause.
Flawed argument (Pittsburgh Post-Gazette, 04/15/09)
Letter to the Editor from Judging the Environment's Glenn Sugameli on misleading syndicated column promoting the discredited "nondelegation doctrine."
Columnist wrong (Corpus Christi Caller-Times, 04/04/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli.
Empathy is crucial for effective judges (Columbia Daily Tribune, 04/03/09)
Published Open Column by Judging the Environment's Glenn Sugameli on how "interpreting ambiguous laws and the Constitution requires understanding their purpose and history."
Will's flawed argument (Deseret Morning News, 04/01/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli on fatally flawed "nondelegation doctrine."
Empathy essential to justice (Daily News Tribune [MA], 03/31/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli.
Invalidating federal laws (Press Telegram [CA], 03/31/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli v. libertarian constitutional argument.
Empathy essential to justice (MetroWest Daily News, 03/29/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli expanding on column's rebuttal of right wing charges about judicial nominees.
Empathy essential to justice (Daily News Tribune [MA], 03/29/09)
Published Letter to the Editor from Judging hte Environment's Glenn Sugameli "makes several important points about President Obama's nomination of David Hamilton for an open U.S. Court of Appeals seat."
Empathy essential to justice (Milford Daily News [MA], 03/29/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli.
Wishful Thinking (Roll Call, 03/09/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli responding to a letter about his Feb. 9 Guest Observer column: "GOP Payback on Court Nominees Is Hard to Justify."
GOP Nominees Need Full Support (Roll Call, 02/23/09)
Letter from Judicial Confirmation Network counsel Wendy E. Long about Glenn Sugameli's Feb. 9th Guest Observer column (see Glenn's March 9 published letter in response to Long).
How should Obama choose his court appointees? (Christian Science Monitor, 02/23/09)
Published Letter to the Editor from Earthjustice's Glenn Sugameli responding to a editorial and explaining how "Interpreting the Constitution, treaties, and statutes often requires being able to see the world from other people's points of view. "
Court minority misinterprets laws (Roanoke Times, 02/15/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli commenting on recent editorial.
Obstructionist court (Gainesville Sun, 02/09/09)
Published Letter to the Editor from Judging the Environment's Glenn Sugameli on threats to access to court.
Guest Observer: GOP Payback on Court Nominees Is Hard to Justify (Roll Call, 02/09/09)
Op-Ed by Earthjustice's Glenn Sugameli detailing objective problems that justified failure to confirm all of Bush’s nominees. "Any fair evaluation of the Senate’s review of Bush’s judicial nominations can only argue for confirmation of qualified" Obama nominees.
Congress can overturn court’s misinterpretation (News Journal (DE), 02/09/09)
Published Letter to the Editor from Earthjustice's Glenn Sugameli on threats to court access from Supreme Court misinterpretation of statutes and the Constitution.
EarthJustice Legal Defense Fund (Capital Research Center, 02/01/09)
"“Judging the Environment” (http://www.
judgingtheenvironment.org/) provides a
handy searchable database of arguments
green groups can use to oppose a Bush appointee.
If you type in the name of an appointee
and click on a legal or environmental issue (e.g. Clean Air or The Commerce Clause) you
will be directed to statements, resolutions,
and “letters of concern” issued by dozens of
environmental groups giving reasons why
the appointee should be rejected. Glenn Sugameli, a senior legislative counsel ...
heads up the project, which keeps
tabs on “extreme nominees.”"
Bush Fourth Circuit nominees (Blue Commonwealth, 01/26/09)
Earthjustice's Glenn Sugameli on President George W. Bush's Bush's disastrous choices for lifetime seats on the Fourth Circuit.
Not so fine (Oakland Tribune, 01/26/09)
Published letter to the editor from Earthjustice's Glenn Sugameli responding to an editorial and discussing Alito and Roberts, access to courts, clean air and water, and worker rights.
The Federal Circuit (National Law Journal, 01/26/09)
Published letter to the editor from Earthjustice's Glenn Sugameli on Federal Circuit nominations, "takings" claims and federal Indian law.
RE: “Specter Puts on a Show for Conservatives (New York Observer, 01/16/09)
Post from Earthjustice's Glenn Sugameli correcting and responding to an article: "Senator Specter voted for more than 325 of President Bush’s judicial nominees, and led efforts to confirm the most controversial ones who were blocked. As Senator Specter continues to apply the same standards, President Obama should expect support for all of his judicial nominees."
A better comparison (Daily Oklahoman, 01/14/09)
Letter to the editor from Earthjustice's Glenn Sugameli responding to an editorial on Senate confirmations of Bush judges.
GOP responsible for many court vacancies (Examiner, 01/08/09)
Published letter to the Editor by Earthjustice's Glenn Sugameli correcting and responding to editorial column on the Fourth Circuit and renomination of judges.
New Year, New Judges (Religious Action Center blog, 01/02/09)
Links to Dec. 2008 ACSBlog by Earthjustice's Glenn Sugameli as one of the four "most interesting articles that I have seen" that offer "President-elect Obama guidance and counsel on how to approach judicial nominations and how best to fill the 44 vacancies on the federal courts that will exist when he takes office. "
Look Beyond Constitutional Interpretation When Picking Judges (American Constitution Society Blog, 12/22/08)
Commentary by Earthjustice's Glenn Sugameli: "The records of potential and pending judicial nominees on constitutional interpretation are a vital consideration, but far from the only one. Lifetime judges must also be competent, fair and independent, and must fairly interpret and apply the statutes, treaties, and judge-made 'common law' that are at issue in the vast majority of cases."
Poor picks for judges, poor view of Senate role (The Hill, 10/15/08)
Published Letter to the Editor from Earthjustice's Glenn Sugameli: Bush has pressured the Senate to confirm judges who would further political agendas by rewriting our Constitution and laws. Roberts and Alito fell one vote short of gutting basic water and air pollution laws.
Judicial Jousting (Inside EPA, 10/06/08)
Quotes Earthjustice's Glenn Sugameli: the Senate confirmed more than 300 Bush judges and President Bush created artificial vacancies by insisting "on nominees who would unfairly favor big corporations over laws that protect people and the environment.”
Appointing judges (Las Vegas Review-Journal, 10/06/08)
Letter to the Editor from Earthjustice's Glenn Sugameli on Senate's constitutional advice and consent role and how "President Bush ignited unnecessary confirmation firefights and artificially created judicial vacancies."
Justice prevails (Boston Herald, 09/15/08)
Letter from Earthjustice's Glenn Sugameli: "after a GOP Senate pocket filibustered more than 60 of President Clinton’s nominees, the Senate confirmed 316 Bush-nominated judges and cut vacancies by more than half. President Bush created the remaining artificial vacancies by submitting nominations too late to be processed and by insisting on nominees with political agendas that unfairly favor big corporations."
Laura Donovan-- problems (Townhall.com, 07/15/08)
Earthjustice's Glenn Sugameli on problems with column, including omission of key facts- "the Senate in the last three presidential election years - 1996, 2000, and 2004 - confirmed no court of appeals nominees after July; and the most relevant comparison, as Sen. Leahy explained 'Since the years in which Republicans pocket filibustered more than 60 of President Clinton’s moderate and qualified judicial nominees and judicial vacancies topped 100, we have cut judicial vacancies by more than half and we reduced circuit court vacancies by almost three-fourths, to 9 throughout the entire country from a high point of 32.'”
Comment on "Judicial Nominee Could Face Trouble Over Copying Issue" (ABA Journal, 07/07/08)
Earthjustice's Glenn Sugameli: "According to several reports, Sen. Arlen Specter (R-PA), as part of the deal to fend off right-wing opposition to his Judiciary chairmanship, was forced to hire Michael O’Neill as Senate Judiciary Committee chief counsel."
Supreme Court Session Had Few Construction Cases (Engineering News-Record, 07/02/08)
Earthjustice's Glenn Sugameli "points to the Exxon Valdez case, as
representing the court¹s more conservative view. 'I think it is a reflection
of a very disturbing trend in four to five of the justices where... they
sometimes put on blinders to the impacts of their decisions on the interests
that Congress intended to protect and instead look at it from the viewpoint
of the regulated party, which Congress intended to control,' Environmental groups are 'very concerned that we really are one vote away from a lot of really very bad decisions'"
Letter to the Editor: Private property rights (Washington Times, 06/27/08)
Earthjustice's Glenn Sugameli: "As a lawyer who helped defend against the takings claims in the case James L. Huffman describes in "Property rights and wrongs" (Commentary, Thursday), I was struck by how misleading and unfair Mr. Huffman's column is."
Comment on Hill Veteran Named to District Court (Legal Times, 06/21/08)
Earthjustice's Glenn Sugameli: "A Hill aide's insertion of a major, explosive provision into legislation without notifying his boss or any other Senator raises, at the very least, extremely serious questions about Michael O'Neill's judgment."
Baltimore Examiner failure to correct letter on Rod Rosenstein (Baltimore Examiner, 06/20/08)
Earthjustice's Glenn Sugameli "The Examiner has STILL not made corrections to my published letter... First, I wrote 'yet President Bush won't discuss other nominees opposed by home-state Senators.' Second, Second, my submitted letter referred to 'Maryland's two senators' who had publicly said Rosenstein lacked requisite deep roots in Maryland's legal community."
Rosenstein lacks ‘deep roots’ (Baltimore Examiner, 06/18/08)
Earthjustice's Glenn Sugameli" "Virginia’s 4th Circuit Court seat was filled after a nominee whom both senators opposed withdrew. Yet President Bush won’t discuss other nominees [opposed] by home-state senators."
Comment on Sen. Hatch's "Need for Fairness in Nomination Proceedings" (The Hill, 06/11/08)
The Hill's Congress blog reply by Earthjustice's Glenn Sugameli to Sen. Hatch post links to collection of Hatch 1996-2000 statements on how 94 vacancies is not a crisis, judicial vacancy rates, total numbers of confirmed sitting judges, nominations, need to co-ordinate with home-state Senators, etc.
Sound and Fury, Signifying Nothing, Obstructs Senate Debate on Global Warming (South Florida Sun-Sentinel, 06/05/08)
Earthjustice's Glenn Sugameli: "After one judge was confirmed, scheduled votes on two 6th Circuit nominees were delayed by Republican Senators. The votes had already been re-scheduled for June 12th. Senators should reject this unjustifiable effort to obstruct this serious global warming debate."
Article Discussion: Climate bill stalls in Senate after dispute (Denver Post, 06/05/08)
Earthjustice: "Senate opponents derailed Floor debate on bi-partisan climate change legislation.... they attempted to mask their cynical strategy of filibustering on behalf of the coal and oil industry by fabricating false claims that a deal to confirm three judges had been broken."
RE: “Harry Reid's Handshake” (June 3) (Wall Street Journal, 06/03/08)
Posted comment by Earthjustice's Glenn Sugameli details many ways in which Wall Street Journal Editorial "is inaccurate and misleading."
Letter to the Editor from Earthjustice's Glenn Sugameli (Fort Dodge [IA] Messenger, 05/06/08)
An April 28 Fort Dodge Messenger editorial erroneously stated the Committee held a “hearing for 5th Circuit nominee Catharina Haynes, but took no action.” In fact, the Committee approved Haynes on April 3 and the Senate confirmed her on April 10.
Nominee Confirmed (Altoona [PA] Mirror, 04/24/08)
Letter to the Editor from Earthjustice's Glenn Sugameli correcting Altoona [PA] Mirror editorial - Catharina Haynes was confirmed and remaining vacancies were deliberately created by President Bush.
Judicial Vacancies (Lock Haven [PA] Express, 04/17/08)
Earthjustice's Glenn Sugameli Letter to the Editor of the Lock Haven [PA] Express: President Bush can confirm lifetime judges, if and when he respects the Senate's constitutional advise-and-consent role.
President Bush is creating artificial vacancies (Political Forum, 03/05/08)
Earthjustice's Glenn Sugameli post explaining: "How the records of President George W. Bush's judicial selection process and his appellate nominees demonstrate that his nominees were chosen BECAUSE they would not be confirmed. "
Bush Judicial Nominees- Torture, Alice in Wonderland, Shoplifting, Ethics and more (American Constitution Society Blog, 02/29/08)
Blog posting by Earthjustice's Glenn Sugameli featured on the American Constitution Society Blog comments on the controversial nominations of William Haynes, Jay Bybee, Claude Allen, Charles Pickering, Robert Conrad, Steve Matthews, Michael Wallace, William Myers, and Duncan Getchell.
Bush nominates judges who he knows won’t be confirmed (The Hill, 02/07/08)
Op-ed length Letter to the Editor by Earthjustice's Glenn Sugameli states, "Bush... is choosing nominees because they will not be confirmed, creating artificial vacancies to inflame his right-wing base."
Getchell Withdraws 4th Circuit Nomination (ABA Journal, 01/24/08)
ABA Journal article by Debra Cassens Weiss reports on E. Duncan Getchell's withdrawal as 4th circuit nominee; quotes Earthjustice's Glenn Sugameli.
Sen. Craig’s Attack on Federalism (Idaho Examiner, 01/17/08)
Comments by Earthjustice's Glenn Sugameli to Idaho Examiner article on Senator Craig's failed Takings bill amendment.
Bush & Meese play politics with judicial nominees (Greenville [SC] News, 01/08/08)
Comments by Earthjustice's Glenn Sugameli to an article published in the Greenville News on Edward Meese and judicial nominee Steve Matthews and their involvement with the Landmark Legal Foundation.
Allard’s outrageous attack on federalism (Rocky Mountain News, 12/29/07)
Earthjustice's Glenn Sugameli's Letter to the Editor of the Rocky Mountain News [CO] on Senator Allard's support for Senator Craig's Takings Amendment.
Misguided move on public land (Daily Camera (CO), 12/27/07)
Letter to the Editor by Earthjustice's Glenn Sugameli on Senator Craig's failed Takings Bill Amendment.
Comments (Telluride Daily Planet, 12/19/07)
Earthjustice's Glenn Sugameli comments to the Telluride Watch Online's article on Senator Craig's Takings Amendment.
Comments (High Country News, 12/18/07)
Earthjustice's Glenn Sugameli comments on the High Country News article, "Rebels with a Lost Cause" about the Takings Law.
Sen. Allard's Attack on Federalism (Daily Camera (CO), 12/18/07)
Daily Camera posts Earthjustice's Glenn Sugameli's Letter to the Editor Blog on Senator Allard's support for Senator Craig's Farm Bill Amendment.
Bush plays politics with judicial nominations (Providence Journal, 12/13/07)
Providence Journal Op-Ed/Contribution by Earthjustice's Glenn Sugameli comments on President Bush's controversial nomination of Duncan Getchell, Rod Rosenstein, and Steve Matthews to the Federal Courts.
Comments on Craig Amendment (Oregonian, 12/13/07)
Earthjustice's Glenn Sugameli comments on Sen. Craig's efforts to ban local, state, and federal eminent domain for public parks.
RE: Protecting The Constitution? (Daily News Record, 11/27/07)
Judging the Environment's Glenn Sugameli: "Nov. 15 Federalist Society speech attacked Senators for “politicizing” nominations to lifetime judgeships. Earlier that day, he announced a 4th Circuit Appeals Court nomination he knew Maryland’s Senators would block because of inadequate legal experience in the state. Bush previously ignored five joint recommendations by Sens. John Warner (R-Va.) and Jim Webb (D-Va.) and tapped someone they rejected for a Virginia 4th Circuit seat."
Judicial Nominees (Seattle Post-Intelligencer, 11/24/07)
Rebuttal Letter to the Editor by Earthjustice's Glenn Sugameli on 4th circuit judicial nominations.
Serious Questions (Post and Courier (SC), 10/08/07)
Letter to the Editor of The Post and Courier from Earthjustice's Glenn Sugameli on Frank Wooten column belittles serious questions about 4th Circuit nomination of Robert J. Conrad, Jr., including Conrad's letter about Sr. Helen Prejean and Dead Man Walking; Conrad's testimony; and a major ruling in an environmental case.
Bush wants ideological fights, not judges (The Politico, 10/08/07)
The Politico op-ed by Earthjustice's Glenn Sugameli on how President Bush's judicial nominees have too often been chosen precisely because their extreme records will reignite ideological battles, ensuring they will not be confirmed at all or without a major fight.
AC-T skipped over a few details about Conrad (Asheville Citizen-Times, 09/30/07)
Letter to the Editor from Earthjustice's Glenn Sugameli explaining how editorial on 4th Circuit nominees identified problems with Duncan Getchell and Steve A. Matthews but glossed over record of Robert J. Conrad, Jr.
Judicial nominee is not without problems (Free Lance-Star, 08/15/07)
Letter to the Editor by Glenn Sugameli of Earthjustice comments on how judicial nomination editorial did not reflect how President Bush ignored the bipartisan list of five names submitted jointly by Virginia's Senators, and how concerns with Leslie Southwick nomination include "his apparent pro-corporate
tilt and his rulings against access to courts and workers' rights."
Vacancies Affect Other Circuits, Too (Richmond Times-Dispatch, 08/11/07)
Letter to the Editor by Earthjustice's Glenn Sugameli on 4th circuit and other vacancies caused by President Bush's pattern of refusing to work with Republican and Democratic home-state Senators and his selection of deliberately provocative nominees.
Letter to the Editor (The Courier (OH), 08/07/07)
Earthjustice's Glenn Sugameli responds to recent commentary on Leslie Southwick's 5th circuit nomination.
The Southwick Nomination (Washington Times, 07/24/07)
Letter to the Editor by Earthjustice's Glenn Sugameli states, Washington Times article "does not reflect the full scope and nature of the problems with Leslie Southwick's nomination . . . . Serious concerns raised by Earthjustice and other environmental groups focused on unfair denial of access to courts and judicial activism."
Misjudging Leslie (Pittsburgh Tribune-Review, 07/20/07)
Letter to the editor by Earthjustice's Glenn Sugameli: Leslie Southwick's "record as a judge, combined with Judge Southwick's own words, raise questions about his ability to be a fair and neutral arbiter of environmental and other cases that involve the interests of corporate defendants."
Bush judicial appointments impacting the environment (Examiner, 07/03/07)
Letter to the Editor by Earthjustice's Glenn Sugameli correcting The Examiner's editorial that confused Justice Anthony Kennedy and Justice Stevens in stating that Chief Justice Roberts is striking “mighty blows … joined . . . by Justice John Paul Stevens.”
COURTS: Enviros slam controversial appeals court nominee (Environment & Energy (E & E) Daily, 06/15/07)
"Environmental groups -- among them Earthjustice, Friends of the Earth and the Sierra Club -- yesterday joined the chorus of criticism, although the groups stopped short of flatly opposing the nomination."
Justices Lobby House for Raise (Legal Times, 04/23/07)
April 23, 2007 Legal Times Article on Justices Breyer and Alito's testimony before the House Committee on the Judiciary, Subcommittee on the Courts, the Internet and Intellectual Property during an oversight hearing on "Federal Judicial Compensation."
2 justices tell Congress judges need raises (Chicago Daily Law, 04/19/07)
Chicago Daily Law Bulletin Article on Justices Breyer and Alito's testimony before the House Committee on the Judiciary, Subcommittee on the Courts, the Internet and Intellectual Property during an oversight hearing on "Federal Judicial Compensation."
Idaho loses fine state judge, gains fine U.S. judge (Lewiston Tribune, 01/19/07)
Editorial by the Lewiston Tribune, quoting Earthjustice’s Glenn Sugameli. The editorial commends the President's decision to nominate Judge Randy Smith in place of withdrawn Ninth Circuit nominee, William Myers III.
4 white flags fly in courts fight (Los Angeles Times, 01/10/07)
White House decides not to resubmit William Myers and three others: "For the first time ever, a nominee for a lifetime federal judgeship has been forced to withdraw because his anti-environmental record generated bipartisan opposition," said lawyers for Earthjustice.
Anti-Environmental Judicial Nominee Myers Withdraws (Environment News Service, 01/10/07)
Earthjustice's Glenn Sugameli hailed Myers' withdrawal: "The Senate blocked William Myers's nomination because of his discredited actions as the Interior Department's top lawyer. As the Department's Solicitor, he unjustifiably favored mining companies and other special interests at the expense of his responsibilities to enforce the laws that protect taxpayers, tribal rights, and the environment. Myers' legal positions as Interior Solicitor were rejected by the Interior Department and by federal and state courts."
Bush's 9th Circuit pick withdraws his nomination (San Francisco Chronicle, 01/10/07)
Opposed by environmental groups and Indian tribes, William Myers was the first judicial nominee to lose primarily because of his environmental record, said Earthjustice's Glenn Sugameli: "As a lifetime Ninth Circuit judge, Myers would have had the power to turn his pro-industry bias into legal precedents governing nine Western states that contain nearly three-quarters of our public lands."
Haynes, Myers, Boyle and Wallace Withdraw (How Appealing, 01/09/07)
How Appealing blog: "Earthjustice has issued a press release entitled "Anti-Environmental Judicial Nominee Myers Withdraws; Bi-partisan Senate action and environmental concerns defeated 9th Circuit nominee."
Myers withdraws nomination, pleasing environmentalists (Denver Post, 01/09/07)
Glenn Sugameli of Earthjustice cited William Myers' actions as the Interior’s Department top lawyer. “He unjustifiably favored mining companies and other special interests at the expense of laws that protect taxpayers, tribal rights and the environment.(If he had been confirmed), Myers would have had power to turn his pro-industry bias into legal precedents governing nine Western states.”
Three-year Myers confirmation fight draws to a close (Environment & Energy (E & E) Daily, 01/09/07)
The Nomination of William Myers to the 9th Circuit was not resubmitted. "Myers's withdrawal is long overdue, and a victory for the environment," said Earthjustice
attorney Glenn Sugameli.
Environmentalists Oppose Alito for Supreme Court (Global Report, 12/29/06)
“Judge Alito’s record indicates that he would pursue his own extreme legal theories to create new barriers that prevent the enactment and enforcement of national laws that protect families and communities from pollution,” said Sugameli. “There is too much at stake; Judge Alito’s nomination must be defeated.”
Keisler must be blocked. (TalkLeft blog, 11/17/06)
Talking Left Blog mentions Earthjustice's comments and website on Peter Keisler's nomination.
Democratic control of Senate may not end fight over judges (Environment & Energy (E & E) Daily, 11/16/06)
Earthjustice's Glenn Sugameli: President Bush's resubmittal of blocked judicial nominees "suggests that he will continue to refuse to consult with the Senate. It's one of the first things he did after meeting with the Senate leadership and saying he would cooperate. It's a very strange stick in the eye."
Group: Bush's Renomination of Controversial Judges Wrong Move (CivilRights.org, 11/16/06)
President Bush's decision on November 15 to renominate ten judges he pulled in early October has angered civil rights groups who say he is missing an opportunity to work in a bipartisan fashion with the newly Democratic Senate.
MINING: OSM says former mine owners not liable for new SMCRA violations (Land Letter, 10/12/06)
"Glenn Sugameli, an attorney for Earthjustice who has litigated coal mining cases in the past, said OSM's regulatory record on mine ownership and control is rife with problems. In some cases, he said, mining companies who violate SMCRA avoid responsibility by dismantling an existing corporation and forming a new one under a different name. In other cases, he said, mining companies will try to disassociate themselves with a problem mine by pinning blame for violations on independent contractors. 'There are real problems here, and they have recurred over and over again,' Sugameli said.
'If those regulations are weakened or loopholes are created that allow companies to avoid responsibility by creating another company, then it eliminates a very vital tool' for enforcing SMCRA, Sugameli added."
Radio Interview of Glenn Sugameli (Clear View radio, 10/05/06)
"Clear View" radio interview of Earthjustice's Glenn Sugameli on judicial nominations and the environment.
Takings bill fails on House floor (Environment & Energy (E & E) Daily, 09/26/06)
Earthjustice’s Glenn Sugameli predicted the Senate would not approve the bill. The quick House vote "was definitely an attempt to get it out before anyone would know what was going on."
Plan to Break Up 9th Circuit Court Faces Opposition (Los Angeles Times, 09/21/06)
A broad array of judges, law professors, bar associations and political leaders came out Wednesday against splitting the U.S. 9th Circuit Court of Appeals in San Francisco, as the Senate Judiciary Committee in Washington took up the thorny issue.
Court rules laws on wetlands apply to family's farm (Pittsburgh Post-Gazette, 09/03/06)
Article extensively quotes Earthjustice's Glenn Sugameli on court decisions on "takings" and property rights including rejections of challenges to laws that "limit the ability of one property owner to use his property in a way that it harms others, and others' properties, the community and the environment."
Environmental Groups Oppose Proposal to Split the Ninth Circuit Court of Appeals (Daily Report for Executives, 08/04/06)
While supporters of splitting the 9th Circuit are now stressing administrative efficiency, their true motivation is ideological, with the goal of obtaining more conservative rulings through "environmental gerrymandering," said Glenn Sugameli, Earthjustice's senior legislative counsel.
Why split the Ninth Circuit? (How Appealing, 08/03/06)
How Appealing blog on 9th Circuit split: To appreciate the anti-split side of the argument, be sure to visit this impressive collection of links at Earthjustice's website.
New Opposition to Efforts to Split the Ninth Circuit; (How Appealing, 08/03/06)
How Appealing blog: The organization Earthjustice today issued a press release that begins, "Today, Earthjustice and more than 100 civil rights, women's rights, disability rights, labor, health, religious, senior, conservation and other national, regional, state and local groups, sent a letter to Senators urging them to oppose S. 1845, 'The Circuit Court of Appeals Restructuring and Modernization Act of 2005,' and other proposals to split the 9th Circuit U.S. Court of Appeals into two or more circuit courts." You can access that letter at this link. And a related document, titled "Ideologically-Based Efforts to Split the 9th Circuit Court of Appeals," is here.
Splitting The Ninth Circuit (KUSP 88.9 FM Santa Cruz, 07/24/06)
Gary Patton's Land Use Reports "Website (giving information on how you can oppose the Ninth Circuit split) –
http://www.judgingtheenvironment.org/"
The Empty Cowboy Hat rides again (Badlands Journal, 07/17/06)
Quotes entire factsheet by Earthjustice's Glenn Sugameli on how "Representative Richard Pombo’s (R-CA) Endangered Species Act bill (HR 3824) ...would force taxpayers to pay unlimited amounts for any business losses from speculative development schemes that corporations never had the right to pursue in the first place."
Clean Water Act ruling illustrates court's shift (Boston Globe, 06/20/06)
David Baron of Earthjustice , an environmentalist group that filed a friend-of-the-court brief on behalf of the Army Corps, said he was heartened that Kennedy did not endorse Scalia's more restrictive opinion. There is a majority rejecting this extreme view that Justice Scalia puts forth, that tries to limit the Clean Water Act only to continuously flowing streams," Baron said. ``That's a concept that has never been around before, and a majority of the justices plainly reject it."
Groups see methyl bromide ruling as potential signal of limits on court access.(AIR) (Pesticide & Toxic Chemical News, 03/13/06)
"It's another disturbing decision cutting back on access [to the courts]," Glenn Sugameli, senior attorney at Earthjustice, told PTCN.
Sugameli agreed it would be difficult to define precisely what constitute a "substantial probability" of injury, making the approach used by several other federal courts of appeal--basing standing on an increased risk of injury--the proper approach.
He said access to the courts has been an issue of concern for Earthjustice and other environmental groups with respect to a number of Bush judicial nominees, including the two new members of the Supreme Court--Chief Justice John Roberts and Justice Samuel Alito.
Alito will shift the Supreme Court to extreme right (Silver Chips newspaper, 03/02/06)
"Rulings like these prompted many environmental organizations, including the Sierra Club, Greenpeace, the National Environmental Trust, Earthjustice and Friends of the Earth to vigorously oppose Alito's confirmation in order to ensure the continued protection of the environment."
Supreme Court to hear wetlands case challenge (USA Today, 02/19/06)
"These federal environmental laws were designed to help keep peace among the states, to give them a way to address upstream pollution problems coming from their neighbors," said Howard Fox, a lawyer for the environmental group Earthjustice. "In Louisiana, pollution comes as far away as Wyoming and Minnesota."
Senate confirms Alito for Supreme Court, 58-42 (Greenwire, 01/31/06)
Earthjustice executive director Buck Parker: "We knew going in that this was an uphill battle. But the stakes were too high for us to stay out of the fight. The American public needed to know about Judge Alito's record of siding with polluters over communities."
Alito confirmation prompts mixed reactions (Jurist, 01/31/06)
Taking an environmental perspective, Earthjustice [official website] said Alito's appointment poses an immediate threat to the protection of America's drinking water, creeks, streams and wetlands.
Florida's Stake In Defeating Alito (Tampa Tribune, 01/25/06)
Op-Ed by Earthjustice's Glenn Sugameli in the Tampa Tribune [FL], urging Florida Senators Bill Nelson and Mel Martinez to oppose Judge Alito's Supreme Court confirmation
Environmental Rulings Should Sink Alito (Gazette (Colorado Springs), 01/24/06)
Opinion by Earthjustice's Ted Zukoski on Judge Alito's poor Clean Water record and the effect that his confirmation to the Supreme Court might have on pending Clean Water cases.
Environmental group opposes Alito confirmation (Shreveport Times, 01/24/06)
Op-Ed by Earthjustice's Glenn Sugameli begins, "The U.S. Senate is considering whether to confirm Judge Samuel Alito Jr. to a lifetime seat on the Supreme Court. Unfortunately, many commentators have not focused on Alito's extreme record as an appellate judge of legislating from the bench on issues central to protecting public health and the environment in Louisiana and nationwide."
Environmental Groups Voice Strong Opposition to Alito Supreme Court Nomination (Bush Greenwatch, 01/20/06)
Glenn Sugameli, senior counsel at Earthjustice: "Judge Alito's record," continued Sugameli, "indicates that he would pursue his own extreme legal theories to create new barriers that prevent the enactment and enforcement of national laws that protect families and communities from pollution."
COURTS: Alito defends record on environment as Feinstein attacks (Environment & Energy (E & E) Daily, 01/12/06)
Earthjustice attorney Glenn Sugameli said Alito's comment showed little recognition that the Laidlaw decision essentially overruled his earlier decision on environmental standing. "He's still talking about it as if there's a requirement that a person who uses a stream ... where there's 150 Clean Water violations has to somehow prove that pollution violations are making the water dangerous and not just that he doesn't want to use that stream or swim in that stream," Sugameli said. "He's refusing to back down at all from these opinions that are very disturbing and that he knew were very controversial."
COURTS: Alito defends controversial Commerce Clause ruling (Environment & Energy (E & E) Daily, 01/11/06)
Earthjustice Attorney Glenn Sugameli said Alito's claim that he was following Supreme Court precedent was somewhat misleading, especially given that several other courts had issued rulings that directly contradicted Alito's reasoning. "This was not at all a clear decision, it was not at all obvious, it was not at all straightforward," Sugameli said. "He very much took a view that was going out on a limb. It was misleading to imply that his opinion was an obvious application of Lopez." Sugameli, whose group has opposed the Alito nomination, said there was nothing in Alito's testimony yesterday -- either in the exchange with Feinstein or in other parts of the hearing -- that altered the group's perception that Alito could pose a threat to many environmental laws. "He still doesn't indicate that he thinks his opinions were wrong, he doesn't back away to any extent," he said.
Alito's Opponents Stake Out Positions (Legal Intelligencer, 01/09/06)
Article quotes Earthjustice's report warning that Samuel Alito "would pursue his own extreme legal theories to create new barriers that prevent the enactment and enforcement of national laws that protect families and communities from pollution."
Clean Water Cases Seen As Bellwether For Revamped Supreme Court (Inside EPA, 01/04/06)
The Supreme Court's upcoming review of two cases focusing on the scope of the Clean Water Act (CWA) is being viewed as a bellwether for the high court's future views on environmental issues following the recent confirmation of Chief Justice John Roberts -- and the possible addition of Judge Samuel Alito, Earthjustice and other legal observers say.
Green Groups Oppose Alito Bid (Washington Times, 12/30/05)
Earthjustice and other environmental groups, which typically do not weigh in on Supreme Court nominations, have joined the chorus of liberal interest groups opposing Judge Samuel A. Alito Jr.'s bid to the high court.
Environmental Groups Oppose Alito for Supreme Court (About.com, 12/22/05)
"America depends upon Supreme Court justices to uphold and enforce our nation's environmental safeguards and to protect the rights of all Americans. We cannot afford to have someone like Judge Alito deciding which rights will be protected, and which will be thrown out," said Buck Parker, Executive Director of Earthjustice. "After a careful consideration of Judge Alito's record, we believe that, if confirmed to the Supreme Court, he would vote to roll back key protections for public health and the environment."
Environmentalists Join in Opposing Alito Nomination (New Standard, 12/21/05)
Several environmental groups have announced their concerted opposition to Judge Samuel Alito’s nomination. Earthjustice stated: "Judge Alito’s record indicates that he would pursue his own extreme legal theories to create new barriers that prevent the enactment and enforcement of national laws that protect families and communities from pollution."
Judiciary Democrats Want Alito Papers (Associated Press, 12/21/05)
On December 20, 2005, several environmental groups, including Earthjustice, Greenpeace, the Sierra Club and Friends of the Earth, called for Alito's defeat. Alito is the first nominee environmental groups have opposed since Robert Bork.
Environmentalists Declare Opposition to Alito for Supreme Court (Environment News Service, 12/20/05)
Four environmental groups and Earthjustice, a nonprofit, public interest environmental law firm, today formally declared their opposition to Alito for the lifetime Supreme Court appointment - the first environmentalist campaign against a Supreme Court nominee in 18 years. Article includes extensive interview of Earthjustice's Glenn Sugameli.
Earthjustice Opposes Alito Nomination (Daily Kos, 12/20/05)
"Today Earthjustice (the law firm for the environment) announced that for the first time in almost 20 years, they are opposing a Supreme Court nominee. Read below to find out why Alito presents a direct threat to the Clean Water Act, the Clean Air Act, the Endangered Species Act, and the Safe Drinking Water Act. And also read how Alito wants to put in place barriers that will prevent average citizens from using the courts to protect themselves and their communities."
Green Groups Mobilize Against Alito (Wall Street Journal, 12/14/05)
Alito's history with environmental cases and the impact of his appointment to the Supreme Court are discussed.
COURTS: Alito would limit federal judicial role (Environment & Energy (E & E) Daily, 11/30/05)
Earthjustice Attorney Glenn Sugameli said Alito's answer is troublesome because it seemingly ignores the many legal precedents for ensuring plaintiffs' access to the federal courts.
"It doesn't show any balance. It's not like he said, 'Well, there are limits on access to courts but it's also important to protect access to courts,'" Sugameli said. "Technically, what he's saying is that he's only applying the precedents that restrict standing."
Court Nominee Has Paper Trail Businesses Like (New York Times, 11/05/05)
The New York Times quotes Earthjustice's Glenn Sugameli regarding Judge Alito's record on access to courts and Congress' Commerce Clause authority to protect the environment.
BUDGET: House panel moves reconciliation, but floor picture is cloudy (Environment & Energy (E & E) Daily, 11/04/05)
Earthjustice Attorney Glenn Sugameli said that while Senate Republicans may agree with the fundamental principles of the bill, key members such as Judiciary Chairman Arlen Specter (R-Pa.) will be unwilling to back a proposal that circumvents the Senate. "There's some political dynamics that still make this extremely unpopular and unlikely," Sugameli said.
The proposal to split the 9th Circuit is unpopular with the overwhelming majority of California politicians -- regardless of party -- and it remains to be seen whether the language will cause problems for the whole bill with California Republicans. "It also
doesn't make sense politically to load down the reconciliation bill when there's so much baggage on it already," Sugameli said.
Alito's Enviro Past (AlterNet, 11/02/05)
Article extensively quotes Earthjustice's Glenn Sugameli.
The Sum of Alito Fears (Grist Magazine, 11/01/05)
Concerns over Judge Alito's environmental record and how his opinions might tilt the Supreme Court are expressed.
Environmental groups oppose Alito (Endangered Species & Wetlands Report, 11/01/05)
Earthjustice, Sierra Club, Friends of the Earth, Greenpeace and the National Environmental Trust are opposing the nomination of Circuit Judge Samuel Alito to the Supreme Court, citing Commerce Clause concerns.
'Very concerned' enviros ponder justice nominee Alito's record (Greenwire, 11/01/05)
Glenn Sugameli: "Earthjustice is extremely concerned that Judge Alito has repeatedly sought to go even farther than the current Supreme Court majority in restricting Congress' authority to allow Americans to protect their rights in court, and to enact laws that protect our health and environment, . . . . the most important indication of how he might rule on the court is how he has ruled over the last 15 years."
GOP renews push to split 9th Circuit in half (Associated Press, 10/27/05)
Associated Press: Republicans in Congress are renewing their push to break up the 9th U.S. Circuit Court of Appeals: "It's an attempt to gerrymander the court to change the outcome of specific cases," said Glenn Sugameli, a legislative counsel at Earthjustice.
Lawmakers fast-track Western court breakup (Juneau Empire, 10/26/05)
The subcommittee's move "fits the recent pattern in the House to ram a host of terrible bills through before (politicians), the media and the public figures out what is happening," said Glenn Sugameli.
COURTS: 9th Circuit split-up headed for House markup today (Environment & Energy (E & E) Daily, 10/25/05)
Earthjustice attorney Glenn Sugameli: "If they really cared about efficiency in the House, there would be no reason to skip a hearing. The fact that the House is not holding a hearing on a bill that was introduced last Friday shows that they're trying to gerrymander the court."
TODAY IS THE DAY TO FIGHT FOR THE ENDANGERED SPECIES ACT (updated) (Daily Kos, 09/29/05)
“The bill would create an unlimited new entitlement that would force hardworking taxpayers to write blank checks to big developers and corporations simply for obeying the law that prevents them from unreasonably wiping out species,” said Glenn Sugameli, Earthjustice’s Senior Legislative Counsel.
COURTS: Roberts ducks questions on Commerce Clause but addresses ESA (Environment & Energy (E & E) Daily, 09/14/05)
Earthjustice attorney Glenn Sugameli: Roberts dodged the key issue of what harm must be shown to bring a lawsuit to stop pollution. "There's a lot of damage that could be done to people's ability to go to court that's totally consistent with Roberts' answer. The fact that he won't entirely wipe out the right to go to court on environmental cases doesn't assure us that he won't severely limit that right."
Liberal Activists Say Access To Courts Key (Investor's Business Daily, 09/02/05)
Critics of Judge John Roberts' nomination to the Supreme Court want senators to ask him about "access to courts." Earthjustice's Terrill North states: "There seems to be a pattern throughout
his career where he has tried to deny
people access to courts."
Estimates of payments under Pombo bill vary widely (Endangered Species & Wetlands Report, 09/01/05)
Glenn Sugameli, Earthjustice senior legislative counsel: “The CBO estimate of costs for Pombo’s bill is absurdly low, conclusory, and in conflict with economics, experience, the amount of pending ESA takings claims (not to mention Pombo’s and the Resources Committee’s estimates of lost profits and land value from ESA), logic and OMB’s estimate of the costs of similar” Contract with America provisions.
Divided circuit courts muddy regulation of wetlands (Recorder, 08/25/05)
"This is sort of a shotgun approach," responded Glenn Sugameli senior legislative counsel for EarthJustice, which represents environmental groups. The current Bush administration is opposing many of these new challenges, he said. "That tells you how extreme their [Pacific Legal Foundation] arguments are. This is not an administration that has gone out of its way to protect the environment," Sugameli said.
Greens Worried About Roberts' Environmental Stance (E/The Environmental Magazine, 08/23/05)
E Magazine reports that Glenn Sugameli of the environmental law firm Earthjustice is concerned that Roberts might question "the constitutionality of important protections under the Endangered Species Act."
A friend of Bush is no friend of the environment (St. Petersburg Times, 08/22/05)
Editorial column by Diane Roberts discusses John Roberts' poor environmental record and quotes Glenn Sugameli, senior legislative counsel for Earthjustice, a national law firm: "He seems not to recognize that he's talking about the potential extinction of a species."
The Toad Less Traveled (Investor's Business Daily, 08/16/05)
Editorial quotes Glenn Sugameli of Earthjustice, who says Roberts' view of Congress' authority "does raise serious questions" about how he might view "the constitutionality of important protections under the ESA."
Environmentalists Uncertain on Roberts (Wall Street Journal, 08/15/05)
Wall St. Journal reports on environmental community's views on John Roberts: "Glenn Sugameli of Earthjustice, a partner in the environmental community's judicial-vetting project, says: 'No federal court has ever ruled that any federal wildlife protection is beyond Congress's Commerce Clause power. It is a position that, although he doesn't give his ultimate view, is troubling.'"
Critics: Roberts Sides With Industry Over Environment (Associated Press, 08/15/05)
Associated Press quotes Earthjustice's Glenn Sugameli that Roberts' view expressed in the California toad case "does raise serious questions" about how he might view "the constitutionality of important protections under the Endangered Species Act."
Judge Roberts' Environmental Record Under Scrutiny (Bush Greenwatch, 08/03/05)
Glenn Sugameli, head of Earthjustice's judicial nomination
project, says "Roberts' opinion advanced a view of Congressional
power that could threaten to undermine a wide swath of
environmental protections, including the Clean Air Act and Clean
Water Act."
'Hapless toad' case shows how court nominee thinks (San Francisco Chronicle, 08/01/05)
Judge Roberts' opinion questioning Congress' constitutional authority to protect an endangered "hapless toad" "calls into serious question his views on the scope of the (Constitution's) commerce clause ... which might have serious implications for other environmental laws and health and worker protection, civil rights and consumer laws,'' said Earthjustice's Glenn Sugameli.
Judging Roberts (Living on Earth, 07/29/05)
Public Radio International's Living On Earth interviews Earthjustice's Glenn Sugameli on Supreme Court nominee Judge John Roberts' interpretation of the commerce clause and how it affects his decisions on environmental issues.
The Hate America, Hate-Roberts Left (FrontPage Magazine, 07/27/05)
Editor of right-wing magazine admits that "“Judging the Environment” campaign has already felled its share of victims, the most recent being William Myers, an attorney in the Department of Interior. Myers’s 2004 nomination to the 9th Circuit U.S. Court of Appeals failed owing in no small part to the relentless efforts of Earthjustice. "
Judge John Roberts: Mystery Man? (California Chronicle, 07/23/05)
Sher Zieve column: "Liberal environmentalists, such as Senior Legislative Counsel for Earthjustice Glenn Sugamelli, were upset (if not incensed) with Judge Roberts’ ruling regarding the fate of the Arroyo Toad, as it pertained to the Federal Endangered Species Act."
Interest groups take sides on nomination (Indianapolis Star, 07/21/05)
Earthjustice, a nonprofit public interest law firm aimed at protecting the environment, issued a statement noting its concern that Roberts might not uphold “key environmental safeguards” and urging senators to take their time in reviewing his qualifications.
Mulling Roberts' record, enviros hold their fire (Greenwire, 07/21/05)
Article quotes Earthjustice's Glenn Sugameli on nomination of John Roberts to Supreme Court and on the impact that raising environmental issues and information can have on Senators.
Groups Gird For the Battle Over What Can Be Asked (New York Times, 07/20/05)
The New York Times quotes Earthjustice's executive director Buck Parker that Judge Roberts ''displayed a flippant attitude towards preventing the extinction of what he called "a hapless toad that, for reasons of its own, lives its entire life in California."
High Court Opening = High Stakes for the Environment (Living on Earth, 07/08/05)
Public Radio International's Living on Earth interviews Earthjustice's Glenn Sugameli on the void opened on the Supreme Court by Sandra Day O'Connor's retirement and its environmental ramifications.
Interest Group Reactions (Supreme Court Nomination Blog, 07/01/05)
Justice O'Connor's retires: initial reactions from Earthjustice and other groups likely to be active in nomination debate.
Court nominee (Idaho State Journal, 06/24/05)
Letter to the Editor by Earthjustice's Glenn Sugameli on the reasons behind William G. Myers' failed nomination to the Ninth Circuit.
Groups Say New Justice Will Stymie Environmental Protection (Chemical Week, 06/15/05)
Janice Rogers Brown's record raises concerns that she will be "legislating from the bench," says Earthjustice attorney James Cox. Brown's record "reveals she's a staunch, opening activist opponent of fundamental government safeguards," he says.
FEDERAL JUDICIARY: Votes on Pryor, other nominees suspend fight (Environment & Energy (E & E) Daily, 06/10/05)
"Judicial nominees like William Pryor are phase two of the Bush administration's assault on federal environmental protections," said Earthjustice Senior Legislative Counsel Glenn Sugameli in a statement. "When they can't convince Congress to
repeal clean air, clean water and other legal safeguards, they threaten to strike down or rewrite those laws from the bench by putting partisan ideologues like Pryor on our independent federal courts."
Senate Confirms Brown, Pryor to Appeals Courts (Environment News Service, 06/09/05)
Glenn Sugameli of Earthjustice: "Judicial nominees like William Pryor are phase two of the Bush Administration's assault on federal environmental protections. When they can't convince Congress to repeal clean air, clean water and other legal safeguards, they threaten to strike down or rewrite those laws from the bench by putting partisan ideologues like Pryor on our independent federal courts."
Senate Dems Still Willing and Able to Block Anti-Environmental nominees (E/The Environmental Magazine, 06/03/05)
Glenn Sugameli of Earthjustice: "The decision of moderate Senators to reach a compromise that allows them to step back from the brink of all-out partisan 'nuclear' warfare in the United States Senate is a victory for democracy, and for our nation's protections for clean air, clean water, and special natural places. The fact that William Myers will not be allowed to be confirmed shows how important environmental protections have become to the issue of maintaining fair and independent courts."
Senate Deal on Judges May Help Environment (Bush Greenwatch, 05/25/05)
Analysis of deal to avoid "nuclear option" by Doug
Kendall, executive director of Community Rights Counsel (CRC), whoa has "teamed with Earthjustice
to lead "Judging the Environment," a campaign to highlight the
environmental stakes in the battle over judicial nominations."
Senators End Filibuster on Owen, 81-18 (Daily Journal, 05/25/05)
Article quotes Earthjustice's Glenn Sugameli on the "Gang of 14" Senators' deal: "The fact that [William] Myers will not be allowed to be
confirmed shows how important environmental
protections have become to the issue of
maintaining fair and independent courts."
Bush's Anti- Environmental Judicial Nominees Not Off the Hook (Environment News Service, 05/25/05)
Article quotes Earthjustice's Glenn Sugameli and Community Rights Counsel's Doug Kendall on agreement by bipartisan coalition of 14 senators not to eliminate the right to filibuster controversial judicial nominees.
Clear Path for Some Nominees (Los Angeles Times, 05/24/05)
Myers, who was chosen for the U.S. 9th Circuit Court of Appeals in San Francisco, [came] under attack for his record on environmental rather than social issues. Though he could have brought ideological balance to a liberal-leaning court, his nomination did not garner unquestioning support among Senate Republicans. A former mining industry lawyer and the top Interior Department lawyer from 2001 to 2003, he had been ardently opposed by nearly every prominent environmental group, including Earthjustice, the Sierra Club and the National Wildlife Federation.
Maine Is Focus of Senate Battle on Filibuster (New York Times, 05/06/05)
Conservatives here have discovered a new patron saint this spring: Thomas Brackett Reed of Portland, a congressman from 1877 to 1889 who earned the nickname Czar Reed for helping abolish a type of filibuster practiced in the House.
Environmental, Native Groups Support Right to Filibuster (Environment News Service, 04/29/05)
Earthjustice, the nonprofit, public interest law firm and one of the groups that signed the letter, said that "the handful of President Bush's nominees who have been blocked by filibusters includes several whose records prove that they have consistently favored corporate interests over clean air and safe drinking water."
Right-Wingers Running Full Court Press (Environmental News Network (ENN), 04/28/05)
Earthjustice Executive Director Buck Parker Commentary on right-wing attack against fair courts, including nuclear option, Ninth Circuit split and William Myers' nomination.
This is a poor nominee for judge (Albany Democrat-Herald [OR], 03/28/05)
Letter to the Editor by Earthjustice's Glenn Sugameli on Ninth Circuit nominee William G. Myers' environmental record.
Judicial nominees, filibuster and the environment (Daily Kos, 02/15/05)
The environmental community is girding for an all-out battle against Myers, described by Earthjustice attorney Glenn Sugameli as "the most anti-environmental judicial nominee we have ever seen."
NOMINATIONS: Bush sends blocked judges list back to the Senate (Environment & Energy (E & E) Daily, 02/15/05)
Article on resubmission of blocked nominees: "[Bush] apparently has no intention of trying to heal the wounds he caused when he nominated these individuals the first time around, after it became clear that their records showed a pattern of clear and unjustifiable hostility to environmental protections," said Earthjustice attorney Glenn Sugameli.
Congressional Challenges in 2005: Judicial Nominations (Environmental News Network (ENN), 02/14/05)
Commentary by Earthjustice's Buck Parker: "For the first time, the importance of protecting the environment has become a major issue in federal judicial selection. ... As an organization founded to protect the public's right to enforce environmental laws, it is critical that Earthjustice work to protect access to the courts and prevent the confirmation of judges whose records indicate that they are likely to abuse their offices and to undermine the nation's environmental laws."
Rejected Last Year, Bush Anti-Environmental Judicial Nominees Are Back (Bush Greenwatch, 01/27/05)
Noting that the Senate has already approved 204 of President Bush's 260 nominees, Earthjustice senior legislative counsel Glenn Sugameli says "Renomination of so many judges who the Senate has refused to confirm has never happened before. President Bush is trying to convert the Senate into a rubber stamp."
SENATE RULES: 'Nuclear Option' hinges on GOP moderates, senior senators (Environment & Energy (E & E) Daily, 01/26/05)
"The other decisive factor should be, and presumably would be, the other interest groups who have things they would like the Senate to accomplish this year that would require bipartisan cooperation," said Earthjustice attorney Glenn Sugameli. "If the nuclear option is triggered, none of them would be possible."
Courting Disaster: Bush Judicial Nominees Could Shake Foundations of Environmental Law (Grist Magazine, 01/20/05)
William Myers' nomination is the epitome of the anti-environmental tilt of so many of President Bush's judicial nominees. In-depth article quotes Earthjustice's Glenn Sugameli on unprecedented scope of renominations, President Bush's attempt to turn the Senate into a rubber stamp, study of NEPA cases, New Federalism, barring access to courts, "nuclear option," and possible Supreme Court nominations.
Bush's vision: a new environment (Seattle Times, 11/12/04)
Quaotes Judging the Environment's Glenn Sugameli on impact of judicial nominations "particularly on the U.S. Supreme Court and the D.C. Circuit."
COURTS: GOP officials say election results give new mandate for judicial nominees (Environment & Energy (E & E) Daily, 11/09/04)
Earthjustice attorney Glenn Sugameli, who monitors judicial nominations, also said it is unlikely that the GOP's success in the election would force several potentially vulnerable Democrats to change their votes on the nominations, citing several examples of Senate Democrats who easily won re-election despite being tagged by their opponents as "obstructionists." "We would fully expect that all the nominees who have currently been blocked on the floor by filibusters would continue to be blocked," Sugameli said.
Thumbs on the Scales of Justice (Grist Magazine, 10/14/04)
Bush-appointed judges rule against environmental regs more often than others, report finds. Article includes analysis by Earthjustice managing attorney Patti Goldman.
COURTS: House votes to break up 9th Circuit; Senate not likely to act (Environment & Energy (E & E) Daily, 10/06/04)
Earthjustice attorney Glenn Sugameli said the amendment is an attempt by opponents of environmental laws and enforcement to seek out friendly judges and rulings. "They don't like the decisions, so instead of changing the laws they're changing the judges," Sugameli said.
Democrats dislike nominee's enviro record (Waste News, 08/02/04)
"Fortunately, a sufficient number of Senators saw through the Bush administration's attempt to turn an anti-environmental activist into a lifetime federal judge,'' said Buck Parker, executive director of Earthjustice.
Base-brawl: Dems block anti-enviro nominee (Grist Magazine, 07/26/04)
When Senate Majority Leader Bill Frist (R-Tenn.) fell seven votes short on Tuesday of forcing a confirmation vote on Bush judicial nominee William G. Myers III, it might have seemed like a big blow to the GOP.
Senate Democrats Block Nominee for 9th Circuit (Los Angeles Times, 07/21/04)
Senate Democrats on Tuesday blocked the nomination of William G. Myers III, a longtime lawyer for cattle and mining interests, to a federal appeals court after a rancorous debate on his merits and the Bush administration's environmental policies.
Democrats Block Bush Judicial Nominee on Environmental Grounds (Environment News Service, 07/21/04)
“As his actions as Interior solicitor demonstrate, Mr. Myers sees nothing wrong with using public office to advance his personal agenda, which happens to match that of the mining and beef industries who employed him for most of his career,” said Buck Parker, executive director of Earthjustice, a nonprofit environmental law firm. “Fortunately, a sufficient number of senators saw through the Bush administration’s attempt to turn an anti-environmental activist into a lifetime federal judge.”
Controversial nominee suffers blow (Native American Times, 07/20/04)
Earthjustice's Glenn Sugameli on William Myers: "Nearly every public statement he has ever made and every professional action he has ever taken has been for the benefit of the mining and beef industries at the expense of our nation's public lands, clean air and water, and wildlife, and to the detriment of the rights of Native Americans."
Senate Renews Partisan Fight Over Appeals Court Nominee (Environment News Service, 07/20/04)
Glenn Sugameli, senior legislative counsel for Earthjustice: "As his opinions as Interior solicitor demonstrate, Myers sees nothing wrong with using his public office to advance his personal agenda, which matches that of the mining and beef industries who employed him for most of his career. Worse, he is willing to twist the law to reach the result he would like to see."
NOMINATIONS: Frist files for cloture vote on Myers nomination (Environment & Energy (E & E) Daily, 07/19/04)
"It's being used as an issue to try and motivate the base," said Glenn Sugameli, an attorney for Earthjustice, which opposes the nomination. "It's one that we are confident we'll win; he will not become a judge."
Frist Sets Stage For Next Big Debate Over Judicial Nominee (Congress Daily, 07/16/04)
Earthjustice Executive Director Buck Parker on William Myers' nomination: "Mr. Myers sees nothing wrong with using his public office to advance his private agenda, which matches that of the mining and beef industries who employed him for most of his adult life."
Politics Swirl Around Latest Bush Judicial Nominee (Environment News Service, 04/28/04)
Earthjustice senior legislative counsel Glenn Sugameli said his organization has "very serious concerns" about Kavanaugh's qualifications and suitability to serve on the D.C. Circuit.
Tribes Protest Myers Nomination to 9th Circuit Court (NIFC, 04/16/04)
Leaders of Native American organizations will gather on Capitol Hill today to protest the nomination of attorney William G. Myers III to a lifetime seat on the U.S. 9th Circuit Court of Appeals.
Partisan Vote Advances Bush Judge Nominee (Los Angeles Times, 04/02/04)
All 10 Republicans on the panel voted in favor of William G. Myers III, a longtime lawyer for the mining and cattle industries, while all nine Democrats voted against him — setting the stage for a filibuster when the nomination reaches the Senate floor.
Senate committee approves court nominee on party-line vote (Congressional Quarterly, 04/02/04)
Earthjustice Executive Director Buck Parker said the vote against William Myers by the nine Democratic members "sent a bold message to President Bush: Don't nominate any more anti-environmental ideologues to lifetime seats on our federal courts."
Panel OKs nomination to 9th Circuit (Billings Gazette, 04/02/04)
"As his opinions as Interior solicitor demonstrate, Mr. Myers sees nothing wrong with using his public office to advance his private agenda, which matches that of the mining and beef industries who employed him for most of his adult life," Earthjustice Executive Director Buck Parker said in a statement. "Worse, he is willing to twist the law to reach the result he'd like to see."
Senate Panel Approves Controversial Appeals Court Nominee (Environment News Service, 04/02/04)
"The Bush administration has opened up our public lands to unprecedented destruction and exploitation by extractive industries," said Buck Parker of Earthjustice. "In nominating William Myers to a seat on the [9th Circuit] ... the Bush administration is trying to preserve this harmful legacy well into the future."
Committee OKs judicial nominee (Associated Press, 04/02/04)
Associated Press article quotes Earthjustice's Jim Cox on William Myers being voted out of the Senate Judiciary Committee.
Senate panel approves nomination of Idaho lawyer to 9th Circuit Court (Independent Record [MT], 04/02/04)
Independent Record/ Knight-Ridder/Tribune: "As his opinions as Interior solicitor demonstrate, Mr. Myers sees nothing wrong with using his public office to advance his private agenda, which matches that of the mining and beef industries who employed him for most of his adult life," Earthjustice Executive Director Buck Parker said.
NOMINATIONS: Senate Judiciary likely to consider Myers nomination this week (Environment & Energy (E & E) Daily, 03/29/04)
Senators on the Judiciary Committee rarely come out in formal opposition to a nominee prior to a vote, said Earthjustice attorney Glenn Sugameli. Feinstein's statement of opposition paves the way for a 10 to 9 party-line vote on the nomination, Sugameli predicted.
Bush Continues Push for Anti-Environment Court Nominee (Bush Greenwatch, 03/29/04)
Myers' nomination has generated opposition from more than 160 environmental, Native American, civil rights, labor, disability rights, women's rights and other organizations, many of whom "have never before opposed a judicial nominee by any President," said Earthjustice's Glenn Sugameli.
Native Leaders Lobby Against Judicial Nominee Myers (Environment News Service, 03/25/04)
Leaders of Native American organizations gathered on Capitol Hill Wednesday to protest the nomination of attorney William G. Myers III to a lifetime seat on the U.S. 9th Circuit Court of Appeals which has jurisdiction over much of Indian Country.
Filibuster on Myers nomination seen likely (Congressional Quarterly, 03/24/04)
"Up until now, the record has been that if all the Democrats on the Judiciary Committee vote no on a nominee, there has been a filibuster, if necessary," said Glenn Sugameli of Earthjustice. He said Myers' was the first nomination where the environment was the central issue.
Feinstein Opposes Nominee (Los Angeles Times, 03/24/04)
Los Angeles Times quotes Earthjustice's Glenn Sugameli and Community Rights Counsel's Doug Kendall on disclosure by Sen. Dianne Feinstein (D-CA), a pivotal Senate Judiciary Committee member, that she would vote against William G. Myers III for the 9th Circuit, a move likely to trigger a filibuster.
Judge takes bench despite opposition; Environmental groups dislike Clean Water Act rulings from Alabama's former attorney general. (Waste News, 03/01/04)
Earthjustice's Glenn Sugameli on President Bush's recess appointment of William Pryor: "This is another slap in the face of the constitutional process of judicial selection. President Bush is using a five-day Senate recess as a fig leaf to ride roughshod over the objections of senators, environmental groups, and many other concerned citizens.'' Pryor, as Alabama's attorney general, has taken "extreme stances'' opposing the federal government's role in protecting the environment, including challenging the constitutionality of portions of the Clean Water Act. "Appointing a judge like this to a federal appeals court shows that President Bush has no respect for the rights of American citizens to challenge polluters and other lawbreakers.''
With Senate Away, Bush Appoints Pryor to Appeals Court (Environment News Service, 02/23/04)
"Pryor has taken extreme stances against the role of government in protecting the environment," said Earthjustice's Glenn Sugameli. "Appointing a judge like this to a federal appeals court shows that President Bush has no respect for the rights of American citizens to challenge polluters and other lawbreakers."
Tipping the Scales (High Country News, 02/16/04)
For four decades, the federal courts have stood up for environmental laws. If G.W. Bush has his way, that will soon be ancient history. In-depth feature article quotes Earthjustice attorneys Susan Daggett and Glenn Sugameli.
The cowboy judge (Grist Magazine, 02/12/04)
Environmentalists hope Senate Democrats will block Bush's new ranch-friendly judicial nominee, but a filibuster might suit the Bush administration just fine.
Court and Spark: Bush nominates eco-hostile lobbyist to federal appeals court (Grist Magazine, 02/10/04)
Earthjustice's Glenn Sugameli on William Myers nomination: the committee took up "a fundamental question of American justice: Is a man who has advanced an absolutist ideological viewpoint throughout his entire career fit to be a federal judge?" (Sugameli has compiled info on the professional track records of Myers and other Bush judicial nominees on Earthjustice's Judging the Environment webpage.)
Myers draws heavy fire at hearing (Star Tribune, 02/07/04)
Sen. John Kerry called on President Bush to withdraw William Myers' 9th Circuit nomination. Article quotes Earthjustice's Glenn Sugameli.
Nominee For 9th Circuit Will Face Senators (Daily Journal, 02/05/04)
"William Myers' only apparent qualifications for a seat on the 9th Circuit are that he has long been a lawyer and lobbyist for the mining and cattle industries and has used his public office as Interior solicitor to further their interests at the expense of Native Americans and the environment," Earthjustice executive director Buck Parker said.
Groups Fight Nominee for 9th Circuit (Los Angeles Times, 02/05/04)
Los Angeles Times cites Earthjustice report and separately quotes Earthjustice's Buck Parker and Glenn Sugameli on 9th Circuit nominee William G. Myers III, who faces a tough confirmation battle as nearly 100 environmental, tribal, civil rights, labor and women's organizations have mounted a major campaign to defeat him in the Senate.
Environmental, Civil Rights Groups Oppose Bush Judicial Nominee (Associated Press, 02/04/04)
Associated Press: Earthjustice's executive Director Buck Parker says Myers "He the clearest anti-environmental record of any of the nominees to date. He has made a career as a lobbyist and lawyer trying to overturn environmentally protective laws and regulations."
Judge Not Lest Ye Be Judged (Grist Magazine, 02/04/04)
A coalition of more than 60 environmental, civil-rights, and Native American groups have sent a letter to the Senate Judiciary Committee opposing the confirmation of William G. Myers III
Judicial Nominee Blasted By NCAI (Native American Times, 02/03/04)
William Myers' “opinions demonstrate he has no compunction about using public office to advance his private agenda,” said Buck Parker, Executive Director of the conservation group Earthjustice.
Bush gives Pryor recess appointment to 11th Circuit; Myers grilled by senators (Endangered Species & Wetlands Report, 02/01/04)
“This is another slap in the face of the Constitutional process of judicial selection,” said Glenn Sugameli, Senior Legislative Counsel for Earthjustice. “President Bush is using a five-day Senate recess as a fig leaf to ride roughshod over the objections of senators, environmental groups, and many other concerned citizens.”
Interior proposes revisions to ownership and control rules (Greenwire, 01/06/04)
Article quotes Earthjustice's Glenn Sugameli stating, "But environmentalists said the rules would undercut a mechanism that has been vital in protecting the environment. "This is one of the very few effective ways that Interior forces the cleanup of abandoned or problem sites."
The dangers of push polls (Washington Times, 12/19/03)
Letter to the Editor by Earthjustice's James Cox in response to Andres op-ed column claiming that voters were upset with Democrats obstruction of judicial nominees.
Review of Web Sites On Judicial Nominations (National Journal, 12/05/03)
National Journal lists top Web Sites On Judicial Nominations including the Earthjustice website, which "ananlyzes the views of the Bush administration's nominees" and "provides a copious list of editorials, commentary, and selected statements from senators." Also includes recommendation from Earthjustice's Glenn Sugameli.
Reality Check on Judicial Nominations (Washington Post, 10/29/03)
Letter to the Editor by Earthjustice's Rhett Millsaps responding to Robert Novak's op-ed opposing filibusters on judicial nominees.
Activists Opposing Extreme Judges Converge in D.C. (CivilRights.org, 10/15/03)
Several advocacy groups hosted October 14’s “Lobby Day on Judges” in Washington, D.C., in order to bring together advocates who oppose the controversial judicial nominations of judges such as Charles W. Pickering, Janice Rogers Brown, and William Myers.
Controversial Bush Judicial Nominee Withdraws (Environment News Service, 09/04/03)
Earthjustice's Glenn Sugameli on Miguel Estrada withdrawal: "The American people want and deserve fair and balanced judges who will uphold reasonable environmental laws that protect our communities from air and water pollution and safeguard our natural resources for future generations.
The public should not be expected to blindly trust a nominee when the administration and the nominee combine to stonewall legitimate requests for information and answers to key questions that senators need to make an informed decision about the nominee's qualifications."
Judge confirmed to appeals court (Tribune-Democrat, 08/01/03)
Glenn Sugameli of Earthjustice: “We’re very disturbed by this, based on his record. Obviously we’re disappointed. But we are pleased that a number of senators recognize there are a series of environmental issues in regard to this confirmation."
Controversy Over Judicial Nominees Derails Energy Bill (Environment News Service, 07/31/03)
"The only consistency in his record is favoring big corporate polluters," said Glenn Sugameli of Earthjustice, one of 16 national environmental and planning groups opposing William Pryor's nomination." "There is a difference between someone who is a fair
minded conservative judge and an active ideologue."
Judging Judges (Living on Earth, 07/25/03)
Public Radio International's Living on Earth interviews Earthjustice's Glenn Sugameli on 11th Circuit nominee William Pryor and the impact of President Bush's judicial nominees on the balance of federal courts.
Claims Court Nominee Draws Fire (Daily Journal, 07/09/03)
Earthjustice’s Glenn Sugameli said that judges like Wolski could "essentially rewrite the Constitution" by accepting unjustified claims that government actions intended to provide safeguards for the environment, health or safety are "takings" of private property, "which means the taxpayers have to subsidize the companies to obey the law.".
Senate Critics Question Need To Fill Court of Federal Claims (Congressional Quarterly, 07/05/03)
CQ Weekly quotes Earthjustice's Glenn Sugameli on nominee Victor Wolski. "He is a self-professed, extreme ideologue on the very issues he would be deciding as a Court of Federal Claims judge. This is a court for which he is uniquely unqualified."
ENVIRONMENTAL POLICY: Frist filibuster proposal to undergo first test (Environment & Energy (E & E) Daily, 06/24/03)
"Changing Senate rules in order to raise the confirmation rate from the current 98 percent to 100 percent would be like banning bats from all baseball games to guarantee that every game will be a no-hitter," said Glenn Sugameli, an attorney with Earthjustice. "The Senate needs to retain the ability to block extreme anti-environmental candidates for lifetime judgeships, or it might as well be a rubber stamp.
Supreme Seat Up for Grabs? (Legal Times, 06/09/03)
Environmental groups will be important addition to Supreme Court nomination fights. Article quotes Community Rights Counsel's Doug Kendall on increased "level of awareness in the environmental community about the threat involved in judicial nominations," and Earthjustice's Glenn Sugameli on environmental "research, media, education, lobbying, outreach, and networking" on President Bush's previous judicial nominees.
"We have a great view of what's going on" (The Hill, 05/21/03)
“During their first months in office the Bush administration tried to get Congress or federal agencies to weaken environmental laws and programs,” said Buck Parker, executive director of Earthjustice, a public interest environmental law firm. “Increasingly, they are shifting their efforts to the courts,” he claimed. “[They are] not aggressively defending anti-environmental suits brought by industry, and the predictable result is the substantial weakening of environmental laws.”
ENVIRONMENTAL POLICY: Frist filibuster change would speed action on nominees (Environment & Energy (E & E) Daily, 05/12/03)
"Earthjustice and the major national environmental groups have opposed only a handful of nominations that have been approved and a few that have been pending -- including Miguel Estrada, Priscilla Owen and Carolyn Kuhl -- and that's because we think their records show they are the worst of the worst -- the ones with the most egregious records on environmental issues -- and therefore shouldn't be entrusted with lifetime appointments," said Glenn Sugameli, an attorney with Earthjustice.
Environmentalists Urge Senate To Reject Bush Nominee (Environment News Service, 05/07/03)
A coalition of more than a dozen environmental groups is urging the members of the Senate Judiciary Committee to oppose the nomination of Carolyn Kuhl to a lifetime seat on the U.S. Court of Appeals for the Ninth Circuit.
Bush Wages Legal Battle Against Environmental Law (Environment News Service, 05/02/03)
The Bush administration has repeatedly used the federal courts to try and undermine the National Environmental Policy Act (NEPA), a law environmentalists describe as the "Magna Carta" of U.S. environmental policy.
Opposition swells against Ohio judge nominee (Associated Press, 04/26/03)
The Sierra Club is among 10 environmental groups, including the Natural Resources Defense Council and Earthjustice Legal Defense Fund, which have sent senators a letter criticizing Sutton's environmental record.
Critics Bash Bush on Earth Day (Environment News Service, 04/22/03)
It is not just the policies of the administration that have environmentalists worried, many believe some the President's judicial nominees pose a serious, longterm threat to the environment. The legality and enforcement of environmental laws is increasingly being determined by federal courts and several of the Bush nominees are on record with what many believe are extreme views on private property and federal jurisdiction that could contradict with fundamental environmental protections
Judicial Nominee Challenged Over Silence (Environment News Service, 02/04/03)
Earthjustice, a non-profit environmental law firm, has urged the Senate to hold judicial nominees to a certain standard, requiring each nominee to "affirmatively establish his or her qualifications." "No President has a mandate to appoint to the federal courts judges who are or may be hostile to laws protecting the environment and the public's health and welfare," Earthjustice stated. "The mere absence of disqualifying evidence in a nominee's record should not constitute sufficient grounds for confirmation."
Based upon the current record, Earthjustice believes that Estrada has not met this standard. The Senate has already confirmed more than 100 of President Bush's nominees to the federal courts, and Earthjustice has come out in opposition to just one other such nominee: Judge D. Brooks Smith, confirmed to the 3rd Circuit last July.
Bush's Judicial Nominees Alarm Conservationists (Environment News Service, 01/28/03)
Environmental groups fear that several of the Bush administration's nominees to the federal appellate court will act to advance their ideological agendas, rather than interpret the legality of government policies.
For Environmentalists, Victories in the Courts (Washington Post, 01/27/03)
With diminished political influence at the White House and on Capitol Hill, environmental groups increasingly and successfully are turning to the courts for help in blocking efforts to relax or scrap environmental protections.
COURTS: Bush gets second shot at bench nominations (Greenwire, 11/18/02)
With the GOP takeover, "the courts are going to be a particularly important place to challenge attempts to rollback environmental protections," said Glenn Sugameli, senior legislative counsel for Earthjustice.
Liberals to choose their battles on judge nominees (Recorder, 11/12/02)
Article quotes Earthjustice's Glenn Sugameli on impact of change in control of the Senate on judicial nominees, and filibusters as a plausible weapon against those nominees who are not qualified to serve.
Liberals Bracing for Quick Judicial Action by Bush (Los Angeles Times, 11/07/02)
Los Angeles Times quotes Earthjustice's Glenn Sugameli on concerns about judges with extreme views that threaten basic protections for the environment and public health."
Wins Put GOP In Control of Judicial Picks (Daily Journal, 11/07/02)
"The time-honored tradition of requiring consent from home-state senators would still be in place as a limit on appointment of extreme nominees from states who have senators that have not been consulted and do not agree with appointments," Glenn Sugameli, senior legislative counsel at EarthJustice Legal Defense Fund, said.
Democrats reject Owen nomination (Houston Chronicle, 09/06/02)
Article cites Earthjustice's argument that "Owen's rulings show a probusiness . . . bias that is also hostile to . . . the environment."
Mining company awarded $5 million in takings case (Endangered Species & Wetlands Report, 09/01/02)
Earthjustice attorney Glenn Sugameli, who has 15 years of SMCRA and takings law experience, said, “My main question is which is worse, Judge [Loren] Smith’s fundamental misunderstanding of SMCRA or his unsupportable rulings on takings.”
Judge: Coal rights trump public land (Lexington Herald-Leader, 08/30/02)
Earthjustice's Glenn Sugameli predicts reversal of "bizarre" ruling, saying the judge is at the forefront of a radical, no-controls agenda on property rights.
Hatch becoming something of a judge maker (Legal Times, 08/19/02)
Article reports that if Senate confirms nominee Lawrence Block, “no fewer than four former legal aides to Sen. Orrin Hatch (R. -- Utah) will be serving as federal judges.”
GOP airs anti-Kirk TV spots (Houston Chronicle, 08/14/02)
Article cites Earthjustice's opposition to 5th Circuit nomination of Priscilla Owen.
Senate Panel Quizzes Hatch Staffer (Associated Press, 08/01/02)
Earthjustice on nomination of Sen. Orrin Hatch's staffer Lawrence Block to the U.S. Court of Federal Claims: Block, while working for Hatch, advocated legislation that would "redefine takings in a manner that would threaten a wide range of safety, health, environmental, civil rights, and other protections. An ultraconservative interpretation of the Takings Clause could be extremely damaging, redefining property rights at the expense of neighboring property, public health, and the environment."
Bush gets delay on other bench pick (Washington Times, 08/01/02)
Earthjustice praised Democrats for "eloquently" arguing their concern that Judge D. Brooks Smith's views "run counter to the interests of most Americans."
Liberal Groups Dispute ABA's Rating of Owen (Daily Journal, 07/25/02)
"I think the ABA system is a screen for people who are clearly not qualified," Earthjustice's Glenn Sugameli said. "I certainly don't think of it as an adequate or sufficient reason to confirm someone for a lifetime position."
Supreme Court decision limiting federal power over states will affect EPA (BNA, 05/30/02)
Glenn Sugameli of EarthJustice said that the decision "forecloses options" for private parties to seek relief against state actions, and accused the Court majority of "going where the Constitution does not" and "reaching for the result they want to reach" without regard for the text of the Constitution.
Panel affirms judge (Tribune-Democrat, 05/24/02)
Quotes Doug Kendall of Community Rights Counsel & Glenn Sugameli of Earthjustice on how case against D. Brooks Smith's confirmation was overwhelming and included serious ethical issues.
Controversial nominee Smith approved by Senate committee (Greenwire, 05/23/02)
Article quotes Earthjustice's Glenn Sugameli on strong environmental statements by Senators on judicial nominee D. Brooks Smith, and environmental community involvement, and quotes Earthjustice group letter detailing concerns with Priscilla Owen nomination.
Reversing Judge Smith (Washington Post, 03/24/02)
Letter to the Editor by Earthjustice's Glenn Sugameli responding to Leonard Fleisig's letter claiming that criticism of Judge D. Brooks Smith's reversal rate was "unpersuasive."
Biden, Jurist Face Day of Reckoning (Roll Call, 02/25/02)
Article quotes Community Rights Counsel's Doug Kendall and Earthjustice's Glenn Sugameli on opposition to 3rd Circuit nominee D. Brooks Smith.
Greens join 'Let's derail a judge' game (High Country News, 02/18/02)
Some "highly ideological and activist judges are threatening the very core of environmental law," warns a campaign by a dozen groups, including the green law firm, Earthjustice.
25 Groups Object To Appeals Court Nominee (Environment News Service, 02/04/02)
Article quotes Community Rights Counsel's Doug Kendall and Earthjustice's Glenn Sugameli on opposition by national environmental and community groups to President Bush's nomination of D. Brooks Smith to the Third Circuit U.S. Court of Appeals.
Takings: Claims Court nominee raises concerns (Endangered Species & Wetlands Report, 12/01/01)
Earthjustice senior legislative counsel Glenn Sugameli was the lead author of a Nov. 29 letter to Senate Judiciary Chairman Patrick Leahy (D-Vt.). Twenty-three national environmental groups signed the letter, which called for a “full and open” hearing on Block’s nomination.
High court ruling may muddy wetlands-development issues. (Post and Courier (SC), 06/29/01)
"Glenn Sugameli, senior counsel for the National Wildlife Federation, which filed "friend of the court" briefs in the case, agrees that Thurday's ruling eliminated an initial filter that reduced challenges to the regulations. The state's regulations could still hold up. "What was an absolute defense to challenges of the state's rules changes to a possible defense," he said. Thursday's ruling does not exclude other possible defenses of the regulations."
Disputes cloud Norton's nomination to lead Interior (Houston Chronicle, 01/18/01)
"property rights arguments often are used to justify development on and near federal lands, said Glenn Sugameli, an attorney ...
"Whoever is interior secretary will have enormous authority over public lands and resources and will make decisions that affect everyone's property rights, and we think it's critical to make them with an eye on the interests of everyone downstream, downwind and downhill, remembering the public's resources," he said."
Alaska Congressman Battles for Changes in Endangered Species Act (CNSNews.com, 07/06/00)
Glenn P. Sugameli, an attorney ... calls Young's legislation an attempt to establish "a new entitlement for people who have not lost any property rights according to every member of the Supreme Court who has ever sat..."
"It's a claim of, 'we want to rewrite property rights, we want to create new property rights...at the expense of other people's property rights and the environment,"' Sugameli said. "These proposals...provide...an indirect [Trojan horse attack] through changing either the standards or the procedures that are used in a way that would tilt the playing field totally toward the developers and totally against the neighbors and the community."
Forests, parks also at risk (Charleston Gazette (WV), 12/26/99)
"Glen[n] Sugameli, a lawyer with the National Wildlife Federation, said OSM should make coal companies prevent subsidence damage, not just compensate citizens for it.
Sugameli also noted that the repair and compensation provisions apply to private homes and water supplies.
"What about schools, churches, graveyards, national parks and all of those areas?" Sugameli said.
"There are a lot of other places that just don't have those protections," he said.
"You should prevent the damage from happening. OSM has that authority, and they should exercise it.""
Oceans: House to act on long-awaited CZMA reauthorization (Environment & Energy (E & E) Daily, 08/05/99)
"Glenn Sugameli, senior counsel with the National Wildlife Federation, said the amendment would destroy coastal protections by prohibiting CZMA from restricting uses of private property, even if the restricted uses would pollute and destroy coastal resources."
Appeals court upholds coal subsidence regulations (Charleston Gazette (WV), 04/30/99)
""The court properly rejected this outrageous industry lawsuit that would have undermined homeowners' property, safety and environment to protect corporate interests," said Glenn Sugameli, a lawyer for the National Wildlife Federation.
The wildlife federation, a Washington, D.C.-based environmental group, intervened in the lawsuit filed by the coal industry over the subsidence rules."
Endangered Species/Property Rights: House panel to consider ESA-oriented property rights bill (Environment & Energy (E & E) Daily, 04/12/99)
""This bill is never going to be signed into law," said Glenn Sugameli, counsel with the National Wildlife Federation, explaining that when a similar bill was passed by the House as part of the Contract with America, President Clinton vowed to veto the legislation. . . . And Sugameli charged, "This is a Trojan horse attack on ESA. No court has ever agreed that ESA has resulted in a takings.""
Endangered Species: House shows polarized positions on ESA reform (Environment & Energy (E & E) Daily, 03/31/99)
"Glenn Sugameli, counsel for the National Wildlife Federation, retorted, "There's no need to further the Fifth Amendment. It's already in place and it's binding." He continued, "This is a Trojan horse attack on ESA. No court has ever agreed that ESA has resulted in a takings.""
Young introduces ESA-oriented property rights bill (Environment & Energy (E & E) Daily, 03/18/99)
"Glenn Sugameli, counsel for the National Wildlife Federation, retorted, "There's no need to further the Fifth Amendment. It's already in place and it's binding.
"This is a Trojan horse attack on ESA," he continued. "No court has ever agreed that ESA has resulted in a taking.""
Property Rights: Hopes dim for federal takings bill this year; focus on states (Environment & Energy (E & E) Daily, 01/19/99)
"Glenn Sugameli, counsel at the National Wildlife Federation, suggested that since the legislation advanced last year was "clearly repudiated" and had against it not only a veto threat from the White House but bipartisan opposition in the Senate, this Congress is not likely to be more receptive to the legislation.
Besides last year's legislative repudiation, Sugameli pointed out other, more recent, influences that may further diminish the momentum the legislation once had. For one, with over 200 ballot initiatives concerning land conservation and smart growth included in last November's national elections, the issue of how to control urbanization and local land use decisions was thrown into the spotlight. The number of initiatives voters had to mark a stance on - over 200 - and the number of ballots that were approved - over half - is indication, Sugameli and other environmental and conservation interest groups say, of a national trend toward communities and local and state governments more conscientiously preserving farm and environmentally sensitive lands or concentrating development, a trend that would be hampered under property rights legislative proposals. (See related story, p. 16.)
Sugameli and other conservation advocates say that the message sent during the elections was that Capitol Hill officials need to listen to state proposals and local initiatives and that state and local officials are not keen on losing their authority on land use decisions. "Governors came out having more clout than people on the Hill," Sugameli concluded."
How a bill becomes a law (almost) (Orlando Sentinel, 10/01/98)
"Glenn Sugameli, counsel ... has been fighting bills like S. 2271 for eight years. "There is no real evidence that that is a problem," he says, "and certainly not a problem requiring this sort of radical, draconian bill." ... How costly? "Tens of thousands of dollars, at a minimum," Sugameli said, meaning that "even if [local governments] are confident that they could win the case, they may not be able to afford to win the case." Of course, the tab for such disputes would be left to taxpayers to pick up."
Takings Exception (Cont'd) (Washington Post, 08/18/98)
Glenn Sugameli Letter to the Editor: "It is the Aug. 3 letter by Rep. Elton Gallegly (R-Calif.), "Taking Exception to Takings," that "includes several inaccurate assertions," not the July 12 editorial "Takings Exception,... S. 2271 and H.R. 1534, Rep. Gallegly's companion bill, were designed expressly to circumvent local land-use procedures and to ensure that developers do not have "to exhaust all viable options" before making a federal case out of a local zoning dispute."
Property rights legislation may threaten environmental protections. (BioScience, 06/01/98)
Glenn Sugameli, an attorney with the National Wildlife Federation, agrees. "I'm convinced it's a disastrous, draconian bill that would have major impacts on wetlands, endangered species, and a lot of other resources that are important," he says.
Property Rights: House passes property rights bill after dramatic fight to reject amendment (Environment & Energy (E & E) Daily, 03/16/98)
"Glenn Sugameli, counsel with the National Wildlife Federation, also argues that the bill would impede on property owners' ability to protect their own property rights. "Affected neighbors trying to prevent a development that would harm their property would find it much more difficult and expensive to try to intervene in the Court of Federal Claims than in their local district court." Sugameli also said, "H.R. 992 would invite anyone who is not satisfied with existing settled precedent in their local federal district and appellate courts to create massive uncertainty by filing claims in the Court of Federal Claims.""
Lessons in land use (Denver Post, 03/10/98)
"Conference topics include private property rights, transportation planning, financing of public facilities and housing reform. Also planned is a debate between private property rights attorney Roger Marzulla of Washington, D.C., and Glenn Sugameli ... The conference is at the University of Denver College of Law."
Senate Committee Passes Measure Aiding Developers In Property Disputes (Associated Press, 02/27/98)
"The one reason that this bill exists is the National Association of Home Builders," insists Glenn Sugameli, a lawyer ... . Environmentalists said that the bill is an indirect attempt to "run roughshod" over local environmental protection efforts after property rights advocates failed two year ago to win compensation for restrictions that protect wetlands and endangered species. Among others strongly opposed to the bill are the National Governors Association, U.S. Conference of Mayors, National League of Cities, the National Conference of State Legislatures, and 40 state attorneys general."
RULING HELPS COAL COMPANIES THAT BROKE THE LAW (Charleston Gazette (WV), 02/23/97)
"Glenn Sugameli, an attorney with the National Wildlife Federation,
said the current OSM rule serves two important purposes. It forces
companies responsible for past problems to clean them up before
getting another permit. And it forces outlaw companies out of the
mining business altogether.
Without the rule, Sugameli said, companies with violations would be
able to set up subsidiaries that would now qualify for permits. "That
doesn't make any sense," he said.
Sugameli said it would be nice if Congress filled in the gap in the
law, but he said it's doubtful whether the current Congress would do
so."
ENVIRONMENTAL MINE REGULATION IS STRUCK DOWN (Lexington Herald-Leader, 02/12/97)
"One of the most powerful means of enforcing federal surface coal-mining laws has been struck down by a federal appeals court. If the ruling is not overturned, environmental regulators will find it more difficult to hold accountable coal companies whose business affiliates have violated the law. This is important because coal companies have a history of setting up complex corporate webs that enable them to escape penalties, environmentalists said." [Quoting Glenn Sugameli]
`BAD' COAL OPERATORS GET BREAK (Associated Press, 02/12/97)
""The ownership and control rules have been the single most important tool in ensuring that companies clean up existing violations in order to get new permits, and to prevent irresponsible operators from mining and destroying and leaving unreclaimed new sites," Glenn Sugameli, an attorney
OSM OFFICIAL DEFENDS MINING RULE CHANGES (Charleston Daily Mail, 01/31/97)
"Glen[n] Sugameli, counsel for the federation, said the Carter and Reagan
administrations interpreted the law to also prohibit underground
mining.
The Bush administration attempted to change the law, but the wildlife
federation sued. A federal judge ruled that the agency did not follow
correct procedure, such as allowing for a comment period.
Sugameli said the office could have interpreted the law differently.
As a result, he said more homes and parks will fall victim to
subsidence. Coal companies that have surface mining are tightly
regulated on subsidence, but the same won't be true for deep mines, he
said.
In the next 20 years, the agency estimates that 29,600 homes may be
damaged by the new ruling, Sugameli said. He said the administration
should have sided with homeowners rather than coal operators."
Clinton Pushes Protected-land Mining Changes . (Associated Press, 01/31/97)
"It's a deal with the devil," said ... Glenn Sugameli, who interpreted the twin announcements as saying "We'll protect you against strip mining but not against damage from underground mining."
UNDERGROUND MINING RULE CHANGES BLASTED (Charleston Daily Mail, 01/30/97)
"Glenn Sugameli, counsel to the wildlife federation, said stringent
laws already cover surface mining in so-called protected areas. But he
said the Clinton administration's proposal would allow subsidence that
results from underground mining in the protected areas.
For example, he said the changes would allow subsidence resulting from
underground mining in such areas as the New River Gorge National Park,
the Monongalia National Forest and several state parks.
He said OSM figures show that 29,600 homes would be damaged in the
next 20 years.
The new rules apply to coal operators who already have a legal claim
to underground coal. Sugameli said previous administrations, including
President Reagan's - prohibited subsidence in the protected areas."
Defeat of Latest Takings Bill Is Temporary Gain (Salt Lake Tribune, 07/30/96)
"Speaking at the Outdoor Writers Association of America conference in Duluth, Minn., National Wildlife Federation lawyer Glenn Sugameli, Washington, D.C., said takings bills are a reaction to laws that restrain inappropriate uses of private property.
"These laws were enacted to protect against threats to private property, people and public resources, from the Dust Bowl to Love Canal," he said. "Examples abound. Wetlands laws prevent pollution, flooding and loss of recreational and commercial fishing jobs. Soil-conservation laws prevent disastrous effects on land, water and surrounding development. Watershed-protection laws preserve fresh water sources. Takings bills favor profits at the expense of neighboring homeowners and the public, essentially reversing established law.""
FEDERAL `TAKINGS' LEGISLATION: PROPERTY RIGHTS OF PROPERTY WRONGS? ENVIRONMENT AND WILDLIFE ISSUES AT STAKE IN INTERPRETATION OF FIFTH AMENDMENT (Morning Call, 06/23/96)
"Lisa Jaeger calls them "arguments about a fundamental liberty." Glenn Sugameli counters they're "reactions to conservation, environmental, zoning and other laws that restrain inappropriate uses of private property." Jaeger, a lawyer with the Washington D.C.-based Defenders of Property Rights and Sugameli, ... argued the growing controversy over property rights legislation last week during the 69th Annual Conference of the Outdoor Writers Association of America, held here Sunday through Thursday on the shore of Lake Superior. . . . Sugameli countered that the Fifth Amendment Takings Clause requires that just compensation be available through the courts where private property is taken for public use. However, today's growing "property rights movement" -- with more than 600 sympathetic groups across the country -- seeks to broaden the definition of "takings," he told the outdoor communicators."
DEBATE GIVES NEW TAKE ON CONSERVATION AND PROPERTY RIGHTS (Buffalo News, 06/20/96)
"On Tuesday, the annual conference of the Outdoor Writers Association of America heard a debate between the Defenders of Property Rights, the lobbying organization that has helped promote the legislation, and the National Wildlife Federation, which is against the bills. ... Glenn P. Sugamelli, the National Wildlife Federation counsel for conservation programs, documented other incidents, including a 1995 case where a West Virginia strip mine was threatening to undermine hundreds of homes and another strip-mining incident when the collapse of a coal company refuse pile that had dammed a stream took 125 lives and destroyed 1,000 homes. ... such laws, the conservation lawyer said, would hamstring federal agencies and cause them to look over their shoulders, fearing their budgets would be diminished by settlement claims. In effect, clean air or clean water regulations would be put on hold, along with the Endangered Species Act, he said. And with 24 states now espousing such laws, it could mean local zoning laws might be affected. ... "The Supreme Court ruled against them," Sugameli said. "They supported the concept that wildlife belongs to everyone and rejected the feudal concept that the landed aristocracy own and control all wildlife."
Many of the assembled newspaper and magazine writers here are pretty conservative and against government spending, sloth and bureaucratic paper-shuffling. Yet many seemed reluctant to go along with the idea that property rights must always take precedence over saving a duck marsh, or a trout stream."
A `More Extreme' Takings Bill (Washington Post, 12/03/95)
Glenn Sugameli Letter to the Editor: The Post report on voters' rejection by a 3 to 2 margin of a Washington state takings referendum got it backward.... Sen. Dole's takings bill is even more extreme, however, in extending this new entitlement to impacts on any property, including contract rights and other intangibles. The rejected Washington state referendum dealt only with limits on use of land.
Ref. 48 Defeat Has Louder Echoes -- A Property-Rights Stall Now In Congress, Too? (Seattle Times, 11/09/95)
"[O]pponents of such compensation said Referendum 48's defeat, coupled with equally overwhelming voter rejection of a measure in Arizona a year ago, could prompt Congress to step back. ... The two defeats are all the more impressive because the property-rights movement is widely perceived in Washington, D.C., as a Western phenomenon, said Glenn Sugameli, a lawyer ... ."
Taking Sides: Examining the Property Rights Debate (Herald (Bradenton), 06/18/95)
"This will destroy 25 years of environmental progress," said Glenn Sugameli, ..."Wetland development will destroy the property values of home owners in the surrounding area. Those wetlands are needed to absorb flood surges and release water over time. If we start over developing them other property owners will suffer." Sugameli is concerned that the House bill allows compensation even if only a portion of the land is affected. "Say you have a thousand acres and only one acre is regulated," he said. "The taxpayers will have to pay for that one acre and ignore the fact that is a minute portion. We should be looking at the entire picture. If a developer is not allowed to fill in and build on top of a pond, it may not hurt the value. Land with a view of a pond usually sells for more. It should all be judged on an individual basis. Where does this all end?"
2 hang back on payment for land use (Advocate [Baton Rouge, LA], 02/28/95)
"If, as expected, Tauzin re-introduces essentially the same property-rights bill he has proposed in the past "we will oppose it just as strongly as the Judiciary Committee bill," said NWF's Glenn Sugameli.
Both the Tauzin legislation and the Judiciary Committee bill hinder the government's ability to issue environment and public-safety regulations, said Sugameli, and both bills "have the same problems with cost, with bureaucracy, with red tape, with threat to the homeowner from flooding if a wetland is filled in and your house is downstream."
Something closer to what he called a real compromise may emerge from a group of moderate Republicans, Sugameli said."
Seeing red over green in the Contract (Washington Times, 01/22/95)
"In pursuing regulatory reform, "extremists are trying to take away the ability of Americans to act through their government to protect neighboring property owners and the public welfare," according to National Wildlife Federation attorney Glenn Sugameli."
Smith to take high post in House: Republican from San Antonio to direct immigration panel (Austin American-Statesman, 01/09/95)
""Under Smith's proposal, if the government prevents a development
because it would harm the house next door, it would not be the next-door
neighbor who would be compensated. It would be the owner whose development
the government did not allow,'' said Glenn Sugameli, an attorney with the
National Wildlife Federation who characterizes Smith's property rights bill
as extortion.""
Initiatives: ENVIRONMENT // Arizona weighs property rights (USA Today, 10/26/94)
"Under pointed attack is a provision limiting agencies to actions "no greater than necessary" to protect health and safety, and only in cases of "real and substantial threats."
"That's crazy. That can mean agencies have to wait until the dead bodies roll in before they can act to protect health and safety," says Glenn Sugameli, a lawyer with the National Wildlife Federation."
Clause frames land-use debate: Fifth Amendment at center of property rights controversy (Austin American-Statesman, 10/15/94)
"Environmental, labor, consumer, health and other groups contend that
bills such as Gramm's are so broad that they would bankrupt the country and
undermine many seemingly unrelated values, such as health care, alcohol
controls and provisions for disabled people.
For example, a store that had to modify its entrance to accommodate
wheelchairs, as required by federal law, could claim a loss of value because
of the expense, said Glenn Sugameli, a lawyer for the National Wildlife
Federation. Even "dial-a-porn" companies that provide X-rated conversation
could seek compensation for the cost of complying with rules requiring
controls on access by children, he said."
REGULATION OPPONENTS WIN SKIRMISH (Cleveland Plain Dealer, 07/24/94)
"This is an attempt to push the camel's nose into the tent," said National Wildlife Federation lawyer Glenn Sugameli. "It's the opening wedge for something much broader and much more dangerous."
Takings Exception' (Cont'd) (Washington Post, 03/20/94)
Glenn Sugameli Letter to the Editor: "Epstein's agenda of mandating financial payments even when the Constitution does not authorize it would still have a major impact on the federal budget.
The March 8 letters from Richard A. Epstein and David J. Edmondson suffered from the same defects as Mr. Epstein's Feb. 23 op-ed article, "A Takings Exception" - they ignored the radical nature of the professor's beliefs and the extremist views of industry and congressional advocates of takings legislation. In his book, "Takings," Prof. Epstein argued that the New Deal is unconstitutional."
PROPERTY RIGHTS ISSUE MAKES COMMON GROUND (St. Louis Post-Dispatch, 03/06/94)
"Glenn Sugameli, a lawyer in Washington for the National Wildlife Federation, asserts that Tauzin's latest effort is a drive to stall environmental protection.
As Sugameli and environmental advocates see it, this bill and others in Congress could tie up environmental rules in red tape and new studies and prevent governments from enforcing rules because of potential compensation to landowners.
"It is an extremely radical approach that would destroy protections for private property and jeopardize the health and safety of many Americans," he says."
CASE CLOSED SETTLEMENT ENDS PROPERTY RIGHTS LAWSUIT (Chicago Tribune, 08/15/93)
"Glenn Sugameli said the entire incident has been "surrounded by sound and fury that signifies nothing." The kind of compensation Lucas received "applies only when there is a 100 percent wipeout of the value of 100 percent of the property," he said."
PRIVATE PROPERTY ACT HAS A SINISTER SIDE (Deseret Morning News, 02/05/93)
Glenn Sugameli ..., who has been tracking such bills, said, "It's part of a general movement across the country. These bills were introduced last year at least in 27 states, that we know of." ... Sugameli traces the movement to the waning days of the Ronald Reagan presidency. He quoted "Order and Law," the memoirs of the solicitor general at the time, Charles Fried.
Fried writes that then-Attorney General Edwin Meese had an aggressive and radical project in mind "to use the Takings Clause of the Fifth Amendment as a severe brake upon federal and state regulation of business and property.""
CHANGE IN U.S. POLICY MAY ALLOW STRIP MINING OF NATIONAL LANDS (Columbus Dispatch [OH], 09/29/92)
"She and other Department of Interior officials would not say yesterday whether the new definition was sparked by the Belville case, but Glen[n] Sugameli, an attorney with the National Wildlife Federation in Washington, said he believes it was. His organization, together with the Sierra Club and the League of Ohio Sportsmen had entered third-party briefs opposing Belville.
Sugameli said the proposed buy-back plan does not constitute much protection, given the likely price of the land and the federal budget problems. He said the reason Congress provided protection for parks and other federal lands was because the lands were considered too sensitive to allow strip mining and then to count on reclamation efforts to restore them.
''We said, 'You can't do this. This would devastate the land,' '' Sugameli said."
THE GRASS IS LOOKING GREENER FOR LANDOWNERS (Business Week, 07/13/92)
Describes the Supreme Court's Lucas decision. "The ruling cheered environmentalists. 'It's not going to apply in the vast majority of cases,'" says Glenn P. Sugameli.
High Court Backs Compensation for Loss of Land Rights (Los Angeles Times, 06/30/92)
Glenn Sugameli, ... said that he sees the ruling as "a major setback to the special interest groups that . . . fraudulently claim that they are wise users of natural resources. Not even a conservative court accepts the extreme argument that property owners must always be compensated whenever regulations designed to protect the public affect the use or value of property."
U.S. SOLICITOR IN SPOTLIGHT AT `GOD SQUAD' HEARINGS (Oregonian, 01/13/92)
"Glenn Sugameli says Sansonetti's decision essentially sidestepped the department's commitment to write rules restricting underground coal-mining that causes the ground to sink beneath homes, schoolyards, churchyards, cemeteries and within national parks and wildlife refuges. In July, Sansonetti issued an opinion that the Surface Mining Act of 1977 did not apply to subsidence of the ground beneath underground mines. Sugameli called the opinion ``outrageous, illegal and unjustified.''"
JUNKING CARS: IS IT EFFICIENT AS CAFE, BUT FASTER, CHEAPER? (Greenwire, 10/24/91)
"Glenn Sugameli, Nat'l Wildlife Federation: "Getting rid of old cars that would be retired in a year or two is not as important" as improved mileage standards for new cars that will be on the road for the next 10 to 20 years."
STUDY URGES SCRAPPING OF OLD CARS TO SAVE FUEL (Journal of Commerce, 10/24/91)
""Getting rid of old cars that would be retired in a year or two is not as important" as improving mileage standards for new cars that will be on the road for the next 10 to 20 years, criticized Glenn Sugameli, an attorney for the National Wildlife Federation."
Plan could allow strip mining in parks (Ocala Star Banner, 09/02/91)
"Glenn Sugameli said the proposal would illegally strip the courts of the responsibility for deciding what constitutes 'taking' of private property, and would turn that responsibility over to bureaucrats who are 'not equipped to make those decisions. They are not experts in constitutional law.'"
Gasoline at Low Price, But Benefits May Fade (New York Times, 07/26/91)
"The low price misleads consumers, too, said Glenn P. Sugameli, a specialist in energy issues at the National Wildlife Federation. "If there was a consistent trend toward higher gasoline prices, the consumer and auto companies would have a clear signal that more efficient cars is where they should be going," he said. Because price will not provide that signal, a strong auto-mileage bill is more necessary than ever, he said."
Automakers urged to cut performance, save fuel (Atlanta Journal Constitution, 05/10/91)
"More than 75 percent of the 440 model-year 1991 passenger cars also available in 1990 became less fuel efficient or showed no improvement in their fuel economy, said Glenn P. Sugameli, counsel for the National Wildlife Federation.
"If this trend is not reversed, the overall efficiency of the United States on-the-road fleet will peak and then actually begin to drop as new cars start replacing more efficient older cars," Mr. Sugameli told the House Subcommittee on Energy and Power last month.
He spoke on behalf of more than a dozen other environmental groups."
HEARINGS TO ADDRESS BLAIR PRESERVATION (Charleston Gazette (WV), 01/13/91)
Details how Glenn Sugameli from the National Wildlife Federation "wrote to Wayland, questioning Massey's plans to strip mine"
'EXISTING RIGHTS' BATTLE HEATS UP (Lexington Herald-Leader, 04/01/90)
Quotes Glenn Sugameli on unjustifiable claimed right to strip mine an area of the Wayne National Forest in Ohio