Litigation

Will More States Add Green Amendments to Their Constitution?

UCLA’s Mary Nichols weighs in on the groundbreaking youth climate decision in Montana and the “drumbeat of litigation” that could follow.

Eight simple words helped youth plaintiffs in Montana win their landmark climate lawsuit against the state: “the right to a clean and healthful environment.” The 103-page decision by a state court judge wades through loads of testimony and evidence, but it all comes back to that simple constitutional guarantee. A handful of other states have …

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A Montana Victory for the Youth Climate Movement

Held v. Montana shows climate science can win in a courtroom. But one decision is just the beginning of a long legal fight.

A state court judge in the ‘Last Best Place’ just gave the youth climate movement a shot in the arm with the first decision of its kind that directly connects specific state actions to global climate change and then to injuries suffered by young people. It’s a decision worth reading, as U.S. courts have not …

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Montana “Youth Citizens” Win Landmark Climate Change Trial

Court rules Montana’s state constitutional guarantee of a clean & healthful environment for Montanans prevails over state officials’ fossil fuel-centric policies

A Montana state district court has issued its long-awaited decision in a major climate change case brought by Montana children against state officials.  In Held v. State of Montana, a Montana trial court ruled that the state Constitution’s guarantee of a healthy and clean environment prevails over Montana’s longstanding fossil-fuel-based state energy policies.  The “youth citizen” …

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What Next for the Climate Tort Cases?

Cases against the oil companies are back to state court. It’s time to map out the next steps.

With the Supreme Court’s refusal to take up the issue, the lawsuits against the oil industry are heading back to state court. That’s where the plaintiffs wanted those cases from the beginning, but it’s by no means the last of the issues they will confront.  The oil companies will fight a scorched earth campaign, spending …

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California Supreme Court Rules County Ordinance Limiting Oil & Gas Development Preempted by State Law

Monterey County Oilfield

Court Decision May Well Be Correct as a Matter of Law, But Represents Outdated & Unsound Public Policy

Last week, the California Supreme Court unanimously ruled that a local initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid.  The decision came in the case of Chevron U.S.A., Inc. v. County of Monterey.  The Supreme Court’s ruling was predictable, …

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The Latest in the Mountain Valley Pipeline Case

The Supreme Court was right to overturn the lower court’s stay.

Environmental groups have fought valiantly to stop the construction of the MVP project, and the Fourth Circuit has repeatedly upheld their legal claims. Congress recently gave the pipeline the go-ahead. The Fourth Circuit quickly halted it again but was overturned earlier today by the Supreme Court. I’m no fan of natural gas pipelines or of …

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State Government Standing and Environmental Law

The Supreme Court seems to be cooling to the idea of empowering state AGs.

Massachusetts v. EPA, the cornerstone climate case, contains an extensive discussion of standing which opens by saying that lawsuits by state governments are entitled to “special solicitude.”  In the last few weeks of its term, the Supreme Court opined repeatedly on state standing. “Special solicitude” seems to be on the wane. Overall, I that might …

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EPA and the Student Loan Decision

Will the major questions doctrine block EPA’s proposed rules?

Biden v. Nebraska, the student loan case, provided a new opportunity for the Court to apply the major question doctrine.  Does this decision increase the threat that EPA’s proposed new regulations will be struck down under this doctrine?  A careful reading of the majority opinion is at least somewhat reassuring. The Court painted a picture …

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Individuals Making a Difference

Two stories of the unknown environmental advocates behind major Supreme Court decisions.

My students often wonder whether they can actually make a difference. I like to tell them the story of Joe Mendelsohn.  Mendelsohn, who worked at a tiny, obscure non-profit, decided that EPA needed to address climate change. His efforts, recounted in a book by Richard Lazarus, led to the Supreme Court’s blockbuster opinion in Massachusetts …

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What Happened During the Montana Youth Climate Trial

A yard sign in Montana that voices support for the plaintiffs.

The state argued that Held v. Montana is a boring case about procedure. The kids made a compelling case that climate action is part of Montana’s constitutional obligation to maintain a healthy environment.

The very first American trial of a youth climate lawsuit was hardly blockbuster Court TV, but we learned a lot from the proceedings. The bench trial took place last month in the state capitol, Helena, where 16 youth plaintiffs ages 5 to 22 made the case that Montana’s unwavering promotion of fossil fuels violates the …

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