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Using Issue Certification Against a Defendant Class to Establish Causation in Climate Change Litigation
Efforts to hold major greenhouse gas emitters accountable for the harms caused by global climate change have been consistently frustrated at the procedural stages of litigation in U.S. federal courts. This Article explores using a combination of class action mechanisms to engage with these threshold barriers and hold carbon-major corporations responsible for climate impacts.
Louisiana v. Biden
The Fifth Circuit granted the Biden Administration's motion to stay a district court ruling enjoining federal agencies from implementing interim estimates on the social cost of greenhouse gas emissions. States had argued the president lacked authority to promulgate and enforce the estimates; that th...
Friends of Animals v. United States Fish and Wildlife Service
The Ninth Circuit affirmed summary judgment for FWS in a challenge to its barred owl removal experiment, which was designed to protect the threatened northern spotted owl. Environmental groups argued FWS violated the ESA by issuing a permit that failed to provide a "net conservation benefit," and NE...
Exxon Mobil Corp. v. Healey
The Second Circuit affirmed in part and dismissed in part a district court ruling in a lawsuit brought by an oil company against the New York and Massachusetts attorneys general. The company had argued the states' investigations into the company's allegedly deceptive speech concerning climate change...