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Connecticut v. Exxon Mobil Corp.
The Second Circuit affirmed a district court order remanding to state court a climate liability lawsuit against an oil and gas company. The state of Connecticut initially sued the company in state court, alleging it engaged in a decades-long campaign of knowingly misleading and deceiving Connecticut...
Held v. Montana
A state court held unconstitutional a provision of the Montana Environmental Policy Act that prohibited state agencies from considering the impacts of greenhouse gas (GHG) emissions on climate change in environmental reviews. A group of youths challenged the prohibition, arguing it was causing or co...
Making Net Zero Matter
This abstract is adapted from Albert C. Lin, Making Net Zero Matter, 79 Wash. & Lee L. Rev. 679 (2022), and used with permission.
Arbitrariness Review and Climate Change
This abstract is adapted from Cass R. Sunstein, Arbitrariness Review and Climate Change, 170 U. Pa. L. Rev. 991 (2022), and used with permission.
The Dangers of Underscoping Risk
In 4°C, Ruhl and Craig effectively argue that governance measures, particularly adaptation planning, will fall short if institutions fail to embrace the real possibility that the planet will blow well past 2° Celsius (°C) above pre-industrial temperatures. Further, they argue that 4°C is a better target for adaptation planning because this metric better captures the future risk the nation faces. Ruhl and Craig are keenly aware that serious talk of a possible 4°C future will almost certainly trigger accusations of “doomism” from various critics.