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Climate Change Disinformation Liability Under the Federal Trade Commission Act

Oil companies and their agents have been actively involved in creating and propagating climate change disinformation for the past half-century. In response to this deception, more than two dozen American states and cities have sued these companies under traditional tort-based causes of action like public nuisance, fraud, negligence, and failure to warn, alleging that the companies fueled uncertainty about climate science and undercut public support for necessary climate action.

Unpacking the Revised WOTUS Rule

On August 29, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a direct final rule that revised the “waters of the United States” (WOTUS) definition rule. This rule amended the final WOTUS rule, previously published in January 2023, to be consistent with the Supreme Court’s May decision in Sackett v. Environmental Protection Agency. On September 14, the Environmental Law Institute hosted a panel of experts to analyze the new rule and discuss its regulatory and policy consequences.

New Orleans v. Apache Louisiana Minerals, LLC

A district court denied the city of New Orleans' motion to remand to state court its lawsuit against oil companies for allegedly damaging coastal wetlands with their operations. The city initially sued the companies in state court, arguing they violated the Louisiana State and Local Coastal Resource...

Pacific Coast Federation of Fishermen's Ass'ns, Inc. v. Chevron Corp.

A district court denied fishing groups' motion to remand a climate liability lawsuit against oil and gas companies. The groups initially sued in state court, seeking damages for lost fishing opportunities allegedly caused by climate change. The companies removed the suit to federal court under the C...

Hill v. United States Department of the Interior

A district court granted DOI's motion to dismiss a lawsuit concerning tribal water rights on the Crow Reservation in Montana. Tribal members who hold property on the reservation challenged the 2010 Crow Tribe Water Rights Settlement Act (Settlement Act), which provided benefits to the tribe in excha...

White v. United States Army Corps of Engineers

A district court denied a biologist's motion to preliminarily enjoin flood control releases from the Coyote Valley Dam into the Russian River to protect ESA-listed salmon species. The biologist sought to enjoin the Army Corps of Engineers from making flood control releases unless it determines that ...

Honolulu, City and County of v. Sunoco LP

The Hawaii Supreme Court affirmed a lower court order denying oil and gas companies' motions to dismiss a climate misinformation suit brought by the city and county of Honolulu and the Honolulu Board of Water Supply. Plaintiffs argued the companies knowingly misled the public about the dangers of bu...

Leveraging Earth Law Principles to Protect Ocean Rights

Communities around the world are seeking to acknowledge nature’s rights through legal tools and litigation. This Article provides an overview of recent developments in earth law movements, including Rights of Nature, Rights of Rivers, and Ocean Rights, and considers the potential impacts these ecocentric conservation measures could have on Indigenous peoples and local communities.