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Juliana v. United States

A district court denied the Biden Administration's motion to stay an ongoing climate change lawsuit brought by 21 young people. The U.S. government argued the suit must be stayed because there was a substantial likelihood the Ninth Circuit would grant its petition for mandamus. The court found the g...

Oceana, Inc. v. Raimondo

A district court granted in part and denied in part summary judgment for a conservation group in a challenge to NMFS' management of the Pacific sardine under the Magnuson-Stevens Act (MSA) and NEPA. The group argued NMFS' plan to rebuild the sardine population after it was declared overfished in 201...

Flathead-Lolo-Bitterroot Citizen Task Force v. Montana

The Ninth Circuit affirmed in part and vacated in part a district court's preliminary injunction limiting wolf trapping and snaring in certain parts of Montana to January 1, 2024, through February 15, 2024. Nonprofit groups argued Montana's laws authorizing recreational wolf and coyote trapping and ...

United States v. U.S. District Court for the District of Oregon

The Ninth Circuit granted the Biden Administration's mandamus petition to dismiss an ongoing climate change lawsuit brought by 21 young people. Plaintiffs initially argued that the U.S. government, by failing to adequately respond to the threat of climate change, violated a "right to a stable climat...

Shipping's Fair Share

In July 2023, the International Maritime Organization (IMO) resolved to reduce international shipping’s greenhouse gas emissions to net zero “by or around, i.e., close to” 2050. There is a long-running debate about whether the sector should decarbonize and how it could do so in a way that is equitable for states and the shipping industry. This Article is the first to normatively define shipping’s fair share of the overall climate mitigation burden using principles of international environmental law.

U.S. and Global Methane Regulation

Methane is estimated to be responsible for one-third of the global rise in temperatures from greenhouse gases; it is shorter-lived but much more potent than carbon dioxide. The United States and the European Union (E.U.) launched the Global Methane Pledge at the 2021 United Nations Climate Change Conference (COP26). At COP28’s Global Methane Pledge Ministerial last December, new strategies were announced, including the E.U.’s first-ever adoption of methane regulations and a final rule by the U.S. Environmental Protection Agency to reduce methane from the oil and gas industry.

Leigh v. Raby

A district court granted in part and denied in part animal rights groups' motion for summary judgment in a challenge to BLM's recent roundup of wild horses at the Pancake Complex in eastern Nevada. The groups argued BLM violated the Wild Free-Roaming Horses and Burros Act (WHA) by failing to approve...

Friends of Animals v. U.S. Bureau of Land Management

A district court granted in part and denied in part summary judgment for an animal rights group in a lawsuit concerning BLM's adoption of four 10-year management plans for controlling wild horse populations in certain herd management areas. The group argued BLM exceeded its statutory authority under...

Climate Justice Litigation in the United States—A Primer

Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt throughout the United States, they are not evenly distributed. This Article explores how several states have initiated climate justice litigation to address this issue.

The Promise and Peril of State Corporate Climate Disclosure Laws

On October 7, 2023, California Gov. Gavin Newsom signed the most far-reaching corporate climate disclosure (CCD) requirements in the United States. This so-called California Climate Accountability Package consists of the Climate Corporate Data Accountability Act (Senate Bill (SB) 253), which requires certain companies to disclose greenhouse gas emission data, and the Climate-Related Financial Risk Act (SB 261), which requires certain companies to disclose climate-related financial risks.