A district court granted a state's motion to remand to state court a climate change lawsuit against oil and gas companies. Minnesota sued the companies in state court under state common law and consumer protection statutes, arguing the companies developed a campaign to deceive the public about the d...
The Second Circuit affirmed dismissal of a lawsuit seeking damages from oil companies for harms caused by climate change. New York City sued the companies under state tort law to recover damages caused by the companies' legal commercial conduct in producing and selling fossil fuels. The companies mo...
The Ninth Circuit denied oil companies' motions to stay a district court order remanding to state court two lawsuits alleging the companies concealed the dangers of fossil fuels to the climate. The companies argued that if the suits were remanded, they would be required to litigate the merits of Hon...
The D.C. Circuit denied, 2-1, New Jersey's challenge to a rule promulgated by EPA on remand concerning the CAA's new source review (NSR) program. The state argued that EPA inadequately considered concerns stemming from the predictive and subjective nature of projected emissions calculations and adop...
A Washington appellate court affirmed a lower court's dismissal of a lawsuit filed by young Washingtonians alleging a right to a clean environment and stable climate. Specifically, plaintiffs requested that the court order the state to develop "an enforceable state climate recovery plan" because the...
A district court remanded to state court climate liability lawsuits brought by the city and county of Honolulu and the county of Maui against oil companies. The companies argued the suits should remain in federal court because plaintiffs' claims were related to the companies' activities on the outer...
The D.C. Circuit vacated three provisions of EPA's 2018 rule implementing NAAQS for ozone. Environmental groups challenged four provisions of the rule: the interprecursor trading program, a provision allowing states to demonstrate compliance with the CAA's "reasonable further progress" milestone req...
Scientific communities and policy experts argue that marine protected areas (MPAs) will increase the potential of marine ecosystems to tackle climate change impacts. Yet to date, there has been little legal scholarship about how to design, manage, and implement climate-resilient MPAs. This Article underscores the importance of considering climate change in the design, planning, and implementation of MPAs, and identifies mechanisms for incorporating climate change elements into MPAs.
The D.C. Circuit vacated EPA's Affordable Clean Energy Rule that repealed and replaced the Clean Power Plan as a means of regulating power plants' greenhouse gas emissions. A group of public health petitioners sought review of the rule's conclusion that §7411 of the CAA only permitted emission redu...
The Fifth Circuit denied petitions to review EPA's 2018 redesignation of Bexar County, Texas, from attainment to nonattainment and designation of three neighboring counties as attainment/unclassifiable for 2015 ozone NAAQS. Texas argued EPA only had authority to change the state's recommended design...