Litigation
The Nuisance Suits Heat Up: Fifth Circuit Follows Connecticut v. AEP
Well, I didn’t expect this one. The Fifth Circuit, in Comer v. Murphy Oil Co., has agreed to follow the Second Circuit by construing Massachusetts v. EPA’s standing holding very broadly. It has allowed a class action by private plaintiffs on a common-law public nuisance claim, for damages occurring from greenhouse gas emissions, to move …
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CONTINUE READINGThe Kivalina Climate Change Lawsuit: Wrong Is Right
As Holly noted the other day, Judge Saundra Brown Armstrong of the Northern District of California has thrown out the Kivalina tribe’s climate change lawsuit against big oil and coal producers. Was she right to do so? The answer, I think, is yes — but for procedural, not substantive reasons. Judge Armstrong’s argument that the …
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CONTINUE READINGKivalina nuisance suit dismissed
As Jonathan noted (here and here) last month, after a lengthy delay, the 2d Circuit ruled that a public nuisance suit brought by states and environmental groups against major power producers based on their greenhouse gas emissions did not pose a non-justiciable political question, and that the plaintiffs had standing. That ruling has obviously not …
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CONTINUE READINGCivil disobedience and climate change
On Friday, the New York Times carried a story about Tim DeChristopher, the economics student in Utah who bid on federal oil and gas leases at an auction last December as a form of protest against global warming. DeChristopher was the winning bidder on 14 parcels, but admits that he never had either the intent …
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CONTINUE READINGFederal Circuit rules for water contractors
The Court of Appeals for the Federal Circuit has ruled in Stockton East Water Dist. v. U.S. that the federal government must pay damages to two California water districts for its failure to deliver water they were contractually promised. Plaintiff districts hold contracts for water delivery from the New Melones Reservoir, which is part of …
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CONTINUE READINGWishful thinking doesn’t justify grizzly delisting
Federal Judge Donald Molloy in Montana has ordered the Fish and Wildlife Service to restore grizzly bears in the Yellowstone area to the list of endangered and threatened species. Judge Molloy refused to allow FWS to delist the grizzly on the basis of unsupported wishful thinking about the bear’s future. Grizzly bears once roamed across …
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CONTINUE READINGDavid Nawi Appointed to High-Ranking USDOI Post
U.S. Secretary of the Interior Ken Salazar has named a respected California environmental lawyer to serve in a key, newly-created Department of Interior post. Salazar appointed David Nawi as his Senior Advisor to the Secretary for California and Nevada. In his announcement selecting Nawi, Secretary Salazar stated, “The current water crisis and land management challenges …
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CONTINUE READINGEPA (indirectly) wins a turf war
Think the executive branch is one big happy family under the benevolent direction of (any) president? Think again. Power struggles over turf and substantive outcomes are frequent, and success in those struggles depends on a lot more than just who has the ear of the president at the moment. Sometimes it takes litigation, which has …
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CONTINUE READINGCalifornia Legislature may decide L.A. football stadium can go forward, despite allegations of inadequate environmental review
Great minds may disagree about whether a new professional football stadium (or team, for that matter) would be good for Los Angeles. But a new last-minute bill that the California State Senate is considering today, which would eliminate further environmental review under the California Environmental Quality Act for a newly-approved stadium complex in the City …
CONTINUE READINGWolf hunts can continue
A federal judge in Montana has refused to halt the hunting of gray wolves in Idaho and Montana, but has strongly suggested that the wolf was unlawfully delisted under the Endangered Species Act. In April, the US Fish and Wildlife Service removed the gray wolf in Idaho and Montana from the endangered species list. The …
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