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A Mount Laurel for Climate Change? The Judicial Role in Reducing Greenhouse Gas Emissions From Land Use and Transportation

Greenhouse gas emissions from transportation in the United States have remained persistently high. One cause is common low-density land use patterns that make most Americans dependent on automobiles. Reducing these emissions requires increasing density, which U.S. local government law makes difficult to achieve through the political process. Mount Laurel, a 1975 New Jersey Supreme Court case that addressed an affordable housing crisis by restraining local parochialism, provides a potential solution.

Rhode Island v. Chevron Corp.

A district court granted Rhode Island's motion to remand to state court a challenge against energy companies for contributing to climate change. The state argued its challenge should be removed back to state, where it was initially brought, to seek relief for the damage the companies had and would i...

Animal Legal Defense Fund v. United States

A district court dismissed a lawsuit brought by nonprofit groups and individuals alleging that climate change and the U.S. government's failure to protect them from the effects of climate change violated their constitutional right to a safe and sustainable environment. Plaintiffs argued the governme...

Overcoming Impediments to Offshore CO2 Storage: Legal Issues in the United States and Canada

Limiting future temperature increases and associated climate change requires immediate action to prevent additional carbon dioxide being released into the atmosphere and to lower the existing atmospheric carbon dioxide load. This could be advanced through carbon capture and storage (CCS), which involves collecting carbon dioxide that would otherwise be released by power plants or similar facilities and injecting it into underground geologic formations, where it will remain permanently sequestered.

Center for Biological Diversity v. United States Department of State

A district court dismissed a request to compel the State Department to release two reports concerning U.S. greenhouse gas emissions as required by the U.N. Framework Convention on Climate Change. An environmental group argued that the treaty required the agency to publicly disclose the reports, but ...

Clean Air Council v. United States

A district court dismissed a lawsuit brought by an environmental group and two children challenging federal rollbacks of environmental regulations. The plaintiffs sought a declaration that the government could not implement rollbacks that increased the frequency of or intensified the effects of clim...

Chernaik v. Brown

An Oregon appellate court upheld a lower court's finding that the public trust doctrine does not require the state to defend the environment from climate change. Plaintiff children had sought declaratory relief for the state's failure to take sufficient steps to protect its public trust resources fr...

Center for Biological Diversity v. United States Department of State

A district court dismissed a request by environmental groups to compel the State Department to release documents detailing U.S. greenhouse gas emissions as required by the U.N. Framework Convention on Climate Change. The groups sought to compel the submission of two required reports via the APA, and...