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Hardwick v. 3M Co.

A district court denied chemical manufacturing companies' motions to dismiss a lawsuit seeking industry funds to study the human health impacts of per- and polyfluoroalkyl substances (PFAS). An ex-firefighter argued that the companies' production of PFAS caused him to be exposed to the substances, a...

The Constitutionality of Taxing Agricultural and Land Use Emissions

Economywide legislation to address climate change will be ineffective unless it addresses greenhouse gas emissions from agriculture and land use. Yet incorporating these sectors into the most popular policy proposal—a carbon tax—carries legal risk that policymakers and legal commentators have ignored. This Article explores whether a carbon tax, as applied to agriculture and land use, is a direct tax within the meaning of the Constitution; it concludes that text, history, and Supreme Court precedent up through National Federation of Independent Business v.