IGas Holdings, Inc. v. Environmental Protection Agency
The D.C. Circuit denied petitions to review EPA's 2024 rule establishing an allocation methodology for hydrofluorocarbon (HFC) allowances for years 2024 through 2028 under the Agency's cap-and-trade program. Refrigerant manufacturers argued Congress violated the nondelegation doctrine when it grante...
Enlisting Private Law to Regulate Private Climate Adaptation Failure
State and local governments are contending with the challenge of “residual climate risk”—threats posed by private adaptation failures that endanger surrounding communities. While policy tools like municipal ordinances can help address this gap, enforcement challenges, budget constraints, and private-property rights often limit their effectiveness. Meanwhile, federal support for adaptation has significantly declined, forcing state and local governments to explore alternative approaches.