federal common law

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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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 …

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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 …

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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, …

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