state common law

Charting the Progress of the Latest Chapter in American Climate Change Litigation

State and Local Governments’ Common Law-Based Lawsuits Against the Energy Industry Are Steadily Gaining Traction

The latest chapter in American climate change litigation has been launched by local governments–and one state–across the U.S. against domestic and international fossil fuel companies. These lawsuits have been brought under one of the oldest and most venerable legal doctrines–state common law. They seek compensation from the energy industry for the myriad, adverse effects of …

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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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Ninth Circuit Rules Against Indian Tribe’s Climate Change Suit

Not much of a surprise here; a Ninth Circuit panel “has ruled against the northwest Alaska village of Kivalina, which sued energy companies over claims that greenhouse emissions contributed to global warming that is threatening the community’s existence.” The village brought a common-law public nuisance claim against the oil companies, but the panel held that …

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Reflections on “Yes they can control the weather.”

Marjorie Taylor Greene is wildly wrong about government scientists controlling hurricanes. There is a rich history of weather modification experiments that make that false claim more dangerous.

Why You Should Read CA’s ExxonMobil Plastic Lawsuit

California’s lawsuit against ExxonMobil for lying about plastic recycling is the latest example of the state using old-fashioned legal tools to address more modern harms.

The Election, Vehicle Emissions, and State Climate Plans

If the California car waiver survives a possible Trump presidency, we may have the overruling of Chevron to thank.

How to Make Trees Worth More Standing Than Cut Down

The Katoomba Group is celebrating 25 years of pioneering new approaches to realizing value in nature. Here’s what we’ve learned.

Climate, Energy, and Environment on the Ballot

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Model Uncertainty in Politics and Climate Policy

The polls could be systematically off, not just due to random error. That’s a worry with climate models as well.

Still Crazy After All These Years

There’s been an alarming growth of conspiracy theories, often antisemitic ones, to explain extreme weather events.

We Need a Circular Economy for EV Batteries

California got close to making suppliers ensure EV batteries are managed responsibly at end of life. Here’s why 2025 should be the year California creates a circular economy for EV batteries.

The Dangerous Embrace of Convenient Narratives Over Inconvenient Truths

As it turns out, Nature doesn’t care what stories you post on social media or spin on TV.

New Environmental Laws Focus on Public Health

Many of the environmental-focused bills that the governor signed this year involve ways to alleviate the health disparities faced by frontline communities.