States

Things to be Thankful For (2020 edition)

Trump has done his best to eliminate federal protection for the environment. But there have been many positive signs.

Nearly four years into the Trump Administration, we’re now accustomed to waking up every morning to learn about a new attack on the environment.  It’s also been an awful year in terms of the pandemic. But there are some things to be thankful for. Here’s how I started a similar post in 2017, nearly a …

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Short and Simple Climate Legislation

With a few sentences, Congress could do a lot to fix the law.

The last time Congress tried to pass climate change legislation, the bill was about 800 pages long. That bill, the Waxman-Markey Act, tried to adopt a comprehensive set of emissions reduction measures, which is a complicated business.  But a much simpler law could allow the U.S. to move forward quickly with less ambitious but still …

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Removing Climate Liability Plaintiffs from State Court Could Create Logjam in Federal Courts

The U.S. Supreme Court is set to decide a nuanced issue of procedural law that could create a loophole which would dramatically expand the reach of federal appellate jurisdiction and prevent climate plaintiffs from suing oil companies in state court.

As recent extreme heat waves, hurricanes, and wildfires across the country have elevated public concern about the widespread and harmful effects of climate change, the U.S. Supreme Court granted certiorari this month in a climate liability case called BP P.L.C. v. Mayor and City Council of Baltimore. In short, the City of Baltimore sued a …

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