Rick Scott doesn't like clean water.

"Appellants’ alleged substantive injury—the forthcoming EPA rule mandating numeric nutrient limits—is fairly traceable from the requirements imposed by the consent decree."

That's right, the State of Florida (through one of its "governmental entities") appealed a consent decree between the EPA and some environmentalists which puts rules in place as to how dirty our water can be.  Luckily for us all - the appellants lost.

Gotta love that guy.

Interesting case out of the Fourth:

Gov. indicts defendant, then before he is arrested, sends informant to him to record a conversation, which was very damning.  On appeal, government leads the Fourth Circuit into error by taking the position that the right to counsel did not attach because the defendant was not arrested.  Appeal to Sup. Ct., and solicitor general concedes error and admits that as soon as a person is indicted right to counsel attaches.  Fourth then refuses to address Sixth Amendment claim, and instead remands to district court to determine whether or not the recorded statement violates the Fifth Amendment because of the manner in which it was conducted.

If I had to bet, I would say the Fourth is not looking to establish a bight-line Massiah-type rule in this situation where the defendant had not yet been arrested.