foreign affairs preemption
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
DOJ Sues the State for Its Cap-and-Trade Agreement with Quebec
The Trump attack on California’s climate policies has entered a new phase. In addition to revoking the state’s permission to regulate tailpipe emissions from cars, investigating auto makers for antitrust violations for cooperating with California on reducing car emissions, threatening to revoke highway funds from the state for Clean Air Act violations while simultaneously taking …CONTINUE READING
In our system of government, Congress is the institution with the greatest power to address issues of national importance. Unfortunately, Congress has been AWOL on the issue of climate change. The election has made it marginally more likely that Congress might wake up and take action on climate change, possibly even including a carbon tax …CONTINUE READING