Calendar of Cases

County of Maui, HI v. Hawaii Wildlife Fund

The federal law known as the Clean Water Act (CWA) requires those who discharge pollutants into navigable waters from point sources to obtain a federal permit to do so. In this case, a county in Hawaii disposes of pollutants that originate from its wells—point sources—but the pollutants actually reach the navigable waters through groundwater, not a point source. The question, thus, is whether the CWA requires a permit when the pollutants originate from a point source but are transported by other means.

Retirement Plans Comm. of IBM v. Jander

Plan participants sued the fiduciaries of IBM’s employee stock ownership plan (ESOP) for breach of fiduciary duty, alleging that, as corporate insiders, the fiduciaries failed to disclose nonpublic information that one of IBM’s corporate divisions was overvalued. Plaintiffs alleged that, had the fiduciaries issued a disclosure statement before the inevitable disclosure of such fraud, the stock market would have efficiently and gently corrected the artificially inflated stock price. Instead, IBM’s stock dropped when the fraud was inevitably disclosed during the sale of the corporate division.

Department of Homeland Security v. Regents of the University of California | Trump v. NAACP | McAleenan v. Vidal

In 2012, Secretary of Homeland Security Janet Napolitano announced the Deferred Action for Childhood Arrivals program, or DACA. Under DACA, the government granted a temporary, but renewable, reprieve from deportation to young people who were present in the United States without authorization and who met specified criteria. In 2017, the Trump Administration rescinded DACA. The government contended that it lacked authority to maintain DACA, because the program was illegal in the first place.

Hernandez v. Mesa

On June 7, 2010, Sergio Adrian Hernandez Guereca, a 15-year-old Mexican national, was playing a game with friends in the concrete culvert that separates El Paso, Texas, and Ciudad Juarez, Mexico. The boys ran up the U.S. side of the culvert, touched the fence, and then ran back. Border Patrol Agent Jesus Mesa Jr. arrived on the scene and detained one of Hernandez’s friends. Hernandez ran to the Mexican side and stood by a pillar supporting a railroad bridge that runs over the culvert. Mesa, still in United States territory, fired at least two shots across the border at Hernandez.

Comcast Corp. v. National Association of African American-Owned Media

Entertainment Studios Networks, Inc., a media company owned solely by an African American entrepreneur, sought to obtain carriage for its television channels on Comcast Corporation’s cable distribution platform. Comcast declined, offering shifting explanations for its refusal, but finally stating that it lacked sufficient bandwidth to carry Entertainment Studios’ channels. Entertainment Studios sued, arguing that racial discrimination motivated Comcast’s refusal in violation of federal law.