federal common law Archives

federal common law

Appeals Court Nixes NYC Climate Lawsuit

With a clever if contrived argument, the Second Circuit tries to eliminate climate change litigation.

On Friday, the Second Circuit issued an important decision in a lawsuit against the oil industry. New York City had sued the oil companies for harms relating to climate change. The appeals court ordered the case dismissed, on the ground that any harm relating to fossil fuel is exclusively regulated by the Clean Air Act. …

Continue reading “Appeals Court Nixes NYC Climate Lawsuit”

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 …

Continue reading “Suing Big Oil”

The Return of Federal Common Law

Will the federal courts take over control of climate change litigation? One judge says so.

I’m traveling but wanted to get in a few quick words about Judge Alsup’s decision today in the California climate change litigation. This is a really complex issue, and I wanted to try to unpack it a bit. In general, except where a federal statute or constitutional provision is the basis for an action, legal …

Continue reading “The Return of Federal Common Law”

Conn. v. AEP: Never Underestimate Congressional Power to Do Damage

Dan’s and Rick’s posts very helpfully summarize the impacts of the Court’s decision today. (They were also probably written at the same time: great minds think alike). But I’m a little more pessimistic than Dan is concerning Congressional action. He suggests that the decision makes it more complex for Congress to repeal EPA jurisdiction since …

Continue reading “Conn. v. AEP: Never Underestimate Congressional Power to Do Damage”

Waiting for Connecticut v. AEP

I like New York in June. The Supreme Court, not so much. June is when the Court finishes up its term and releases any decisions still pending. This year, that means we will soon get a ruling on Connecticut v. AEP, the public nuisance climate case, which was argued in April. Just so you can keep score at home, …

Continue reading “Waiting for Connecticut v. AEP”

Why I Was Wrong About Methane

I didn’t think cutting methane was a high priority. Now I do. Here’s why.

Small Cannabis Growers and Large Red Tape?

A complicated cannabis regulatory system may be squeezing out small cannabis cultivators

Diagnosing Why More Growers Aren’t In California’s Cannabis System

Understanding why more outdoor cultivators aren’t entering into the new legal regulatory system for cannabis is important for reducing the environmental impacts of cannabis cultivation

The Hidden Green-Infrastructure Bill

Every year, Congress provides lavish funding for clean energy and climate adaptation. No one notices.

Anti—Anti-#ClimateEmergency

Whether to declare a climate emergency is debatable. But some critics have gone way overboard.

What Have We Learned from Recent Disasters?

Disasters are getting bigger, badder, and less predictable. We need to adjust.

The Turning Tide

Last week featured some remarkable developments relating to climate policy.

Another Historic Climate Court Ruling in the Netherlands

A court orders Shell to cut its emissions, including of its consumers. But will this stand after appeal?

Miami’s New Chief Heat Officer Is a Model for California Cities

Local leaders should embrace the approach

Nature As A Carbon Sequestration Solution

New CLEE/Emmett Institute report analyzes policy solutions to accelerate investment

Why I Was Wrong About Methane

I didn’t think cutting methane was a high priority. Now I do. Here’s why.

Cost-Benefit Analysis and the Biden EPA

The recent rescission of a Trump rule hints at how the Biden Administration views the role of cost-benefit analysis.

Getting the Lead Out

The Ninth Circuit tells EPA to determine safe levels for lead based solely on science.

How Harmful Was Trump’s COVID Response?

We know it was bad, but how much of the U.S. death rate can be attributed to him rather than circumstances?

War and the Environment

War brings devastation to people’s lives. And to the planet itself.

Nature As A Carbon Sequestration Solution

New CLEE/Emmett Institute report analyzes policy solutions to accelerate investment

Miami’s New Chief Heat Officer Is a Model for California Cities

Local leaders should embrace the approach

Another Historic Climate Court Ruling in the Netherlands

A court orders Shell to cut its emissions, including of its consumers. But will this stand after appeal?

The Turning Tide

Last week featured some remarkable developments relating to climate policy.

Anti—Anti-#ClimateEmergency

Whether to declare a climate emergency is debatable. But some critics have gone way overboard.

federal common law

With a clever if contrived argument, the Second Circuit tries to eliminate climate change litigation.

Which court has jurisdiction? State court or federal?

Will the federal courts take over control of climate change litigation? One judge says so.

TRENDING

I didn’t think cutting methane was a high priority. Now I do. Here’s why.

A complicated cannabis regulatory system may be squeezing out small cannabis cultivators

Understanding why more outdoor cultivators aren’t entering into the new legal regulatory system for cannabis is important for reducing the environmental impacts of cannabis cultivation

Every year, Congress provides lavish funding for clean energy and climate adaptation. No one notices.

Whether to declare a climate emergency is debatable. But some critics have gone way overboard.

Disasters are getting bigger, badder, and less predictable. We need to adjust.

Last week featured some remarkable developments relating to climate policy.

A court orders Shell to cut its emissions, including of its consumers. But will this stand after appeal?

Local leaders should embrace the approach

New CLEE/Emmett Institute report analyzes policy solutions to accelerate investment

I didn’t think cutting methane was a high priority. Now I do. Here’s why.

The recent rescission of a Trump rule hints at how the Biden Administration views the role of cost-benefit analysis.

The Ninth Circuit tells EPA to determine safe levels for lead based solely on science.

We know it was bad, but how much of the U.S. death rate can be attributed to him rather than circumstances?

War brings devastation to people’s lives. And to the planet itself.

New CLEE/Emmett Institute report analyzes policy solutions to accelerate investment

Local leaders should embrace the approach

A court orders Shell to cut its emissions, including of its consumers. But will this stand after appeal?

Last week featured some remarkable developments relating to climate policy.

Whether to declare a climate emergency is debatable. But some critics have gone way overboard.