A district court granted a state's motion to remand to state court a climate change lawsuit against oil and gas companies. Minnesota sued the companies in state court under state common law and consumer protection statutes, arguing the companies developed a campaign to deceive the public about the d...
The Second Circuit affirmed dismissal of a lawsuit seeking damages from oil companies for harms caused by climate change. New York City sued the companies under state tort law to recover damages caused by the companies' legal commercial conduct in producing and selling fossil fuels. The companies mo...
The Ninth Circuit denied oil companies' motions to stay a district court order remanding to state court two lawsuits alleging the companies concealed the dangers of fossil fuels to the climate. The companies argued that if the suits were remanded, they would be required to litigate the merits of Hon...
A Washington appellate court affirmed a lower court's dismissal of a lawsuit filed by young Washingtonians alleging a right to a clean environment and stable climate. Specifically, plaintiffs requested that the court order the state to develop "an enforceable state climate recovery plan" because the...
A district court remanded to state court climate liability lawsuits brought by the city and county of Honolulu and the county of Maui against oil companies. The companies argued the suits should remain in federal court because plaintiffs' claims were related to the companies' activities on the outer...
Scientific communities and policy experts argue that marine protected areas (MPAs) will increase the potential of marine ecosystems to tackle climate change impacts. Yet to date, there has been little legal scholarship about how to design, manage, and implement climate-resilient MPAs. This Article underscores the importance of considering climate change in the design, planning, and implementation of MPAs, and identifies mechanisms for incorporating climate change elements into MPAs.
This Article focuses on an area of rapidly evolving jurisprudence—climate liability litigation. It examines in depth the state attorney general’s complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-law tort claims. It explores the intensely sustained legal battles taking place between states and fossil fuel companies over whether federal courts or state courts should have jurisdiction, which in many respects is the “ballgame issue” for both plaintiffs and defendants.
People, businesses, cities, and states are increasingly burdened by extreme weather events. Drought, heat, wildfires, precipitation, hurricanes, and tornadoes are becoming more intense. Most analysts point toward an emerging trend: as the earth warms, extreme weather events are becoming more costly and more deadly, though some raise lingering uncertainties about linking climate change to specific types of weather or specific events.
The First Circuit affirmed a district court order remanding to state court Rhode Island's climate change lawsuit against several oil companies. The companies argued that the suit was properly removed to federal court because the state's complaint presented a federal question. The district court foun...
The Oregon Supreme Court affirmed, 6-1, an appellate court decision vacating a lower court ruling that no trial was needed in a climate change lawsuit concerning Oregon's obligations to protect natural resources under the public trust doctrine. Two young Oregonians argued the state was required to a...