climate litigation
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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CONTINUE READINGProds 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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CONTINUE READINGFull 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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CONTINUE READINGA 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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