As this blog has discussed on several prior occasions, Our Children’s Trust, an Oregon public interest group, has coordinated lawsuits in numerous states seeking to apply the public trust doctrine to the atmosphere. While...more
Our semi-annual look at the top climate change legal stories is keyed on EPA. You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA. But other things have stirred the pot as well: three...more
Would an 80% premium steer you away from an energy source that was low-carbon, naturally abundant in the United States, not subject to the vicissitudes of weather, incapable of nuclear meltdown and accompanied by a...more
2013 has drawn to a close; here is our take on the top six climate change legal stories in the last six months.
1. Climate Change Assessments - Blockbuster legislation may have been evaded once more but that has not...more
The Congress may be dysfunctional but the administrative agencies are still moving the ball. A case in point is last week’s Christmas present from EPA to the carbon capture and storage community. ...more
Two years ago, we observed a potentially startling development in climate change litigation: “On Monday, May 4,  in state courts across the nation lawyers representing children and young adults filed (and apparently...more
The greenhouse gas rule you’ve never heard of, the Deferral Rule, was shot down (barely) by the D.C. Circuit last week. See Center for Biological Diversity v. Environmental Protection Agency, No. 11-1101 (D.C. Cir., July 12,...more
Another six months have passed and it is time for our semi-annual look at climate change and its intersection with the law. ...more
One of the shibboleths of those following climate change litigation is the idea that new legal theories will be surfaced, fired in the furnace of litigation and then forged as the vehicle for addressing climate change in the...more
One day short of five years since the case was originally filed, on February 25, 2013 the plaintiffs in Native Village of Kivalina v. ExxonMobil Corp. attempt once more to get out of the starting blocks, this time with a...more
The President gave an indication of his environmental focus in his inaugural address, and then again in his state of the union speech. The focus would be on climate change. ...more
Originally published in Law360 on December 17, 2012.
Left open by the U.S. Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance...more