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A New Causal Pathway for Recovery in Climate Change Litigation?
Courts across the globe recognize that human-induced climate change leads to more frequent and severe extreme weather and other events, resulting in significant damages to persons and property. Although courts have therefore ordered countries and corporations to take more aggressive actions to limit their greenhouse gas emissions, no court has yet required any emitter to pay damages for injuries from a climate changerelated event. Causation issues remain a significant obstacle to such claims.
Alaska v. United States Department of Agriculture
The D.C. Circuit dismissed as moot Alaska's challenge to the Forest Service's 2001 Roadless Rule. The challenge centered on the Roadless Rule's impact on the Tongass National Forest, which the USDA exempted from the rule in 2020, but the state argued it should be allowed to proceed because the exemp...
Truck Trailer Manufacturers Ass'n v. Environmental Protection Agency
The D.C. Circuit granted a trade group's petition to review a 2016 rule issued by EPA and the National Highway Traffic Safety Administration that set greenhouse gas emissions and fuel efficiency standards for medium- and heavy-duty engines and vehicles. The group challenged the agencies' authority t...