James May (Widener University Delaware Law School) has posted Environmental Law Jurisprudence and Associate Justice Antonin Scalia's Legacy (Trends (ABA Section of Environment, Energy, and Resources Newsletter), May/June 2016) on SSRN. Here is the abstract:
Associate Justice Antonin Scalia left a long and indelible jurisprudential shadow on environmental law. Over his nearly 30 years on the bench, the former professor of administrative law shaped — sometimes single-handedly — a multitude of areas that serve as stock-and-trade of environmental, energy, and natural resources lawyering across the nation. This article focuses on standing, takings, and deference to environmental agency rulemaking.