climate litigation

Suing Big Oil

Which court has jurisdiction? State court or federal?

Yesterday, the Ninth Circuit ruled in favor of the plaintiffs in two climate change cases brought against the oil industry. The court ruled on a narrow but important procedural issue: whether the cases should be sent back to state court. Cities and counties should now be able to continue with the cases, in which they …

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Clean Power Plan Litigation Kick-Off

Flood of lawsuits follows publication of EPA rules to regulate power-plant GHGs

*Updated: Nov. 17, 2015* On Friday, October 23, 2015, the Federal Register formally published EPA’s rules to control greenhouse-gas emissions from fossil-fuel-fired power plants under the Clean Air Act. I described the basics of the rules after EPA released the unofficial text in August. The final text of the rule to regulate new and modified …

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Legal Planet Takes Over the Yale Law Journal

Along with Dan, I also have a response to the Ewing/Kysar paper at YLJ Online.  (For those of your keeping score at home, two out of three commissioned responses were Legal Planet bloggers: we win!). It should surprise no one that while Dan’s is elegant and technical, mine is cranky and dyspeptic.  Here’s the abstract: This …

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Prods and Pleas/Stopgaps and Failsafes

In a recent article in the Yale Law Journal, Benjamin Ewing  and Douglas  Kysar discuss how other part of government can step in when Congress defaults on its responsibility to make public policy.  Their article, Prods and Pleas: Limited Government in an Era of Unlimited Harm, focuses on the tort litigation involving climate change.  Using …

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Full Speed Ahead!

The D.C. Circuit rejected efforts to stay EPA’s pending greenhouse gas regulations until the court decides the merits of the appeals.  It could well take a year or more for the merits to be decided, so in the meantime EPA can move forward. The court order does not indicate any view on the merits of …

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A Victory for the California Team

AP reports that: The Export-Import Bank of the United States and the Overseas Private Investment Corp. agreed to provide a combined $500 million in financing for renewable energy projects and take into account greenhouse gas emissions associated with projects they support. The lawsuit was originally filed in San Francisco federal court in 2002 by Friends …

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