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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CONTINUE READINGThe 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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CONTINUE READINGNinth 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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