In the year since the Supreme Court embraced the “major questions doctrine” (MQD), industry and Republican state attorneys general have argued that federal regulations ranging from stricter vehicle emissions standards to climate change disclosures must be struck down under its banner. Results have been mixed in the lower courts, which, […]
Congress
51 posts
By Jacob Elkin and Elza Bouhassira Going back to 1978 and through this month, Congress has acknowledged climate change in a total of 87 enactments, as shown by a database just posted by Columbia’s Sabin Center for Climate Change Law. The database collects Congress’s references to climate change, along with […]
By Maria Antonia Tigre On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. Minister for the Environment to impose a duty of care on the Minister for the Environment to mitigate climate harm to […]
This publication is based on a piece drafted for Perry World House and made possible in part by a grant from the Carnegie Corporation of New York. The views expressed are solely the author’s. Amidst the federal government’s struggle to contain a public health crisis as the U.S. presidential election […]
The following is testimony submitted by Michael B. Gerrard, Faculty Director of the Sabin Center for Climate Change Law, before the Subcommittee on Energy and Mineral Resources, Committee on Natural Resources, United States House of Representatives, on April 30, 2019. A video of the hearing is available here. Thank you, […]
By Peter Lehner, Managing Attorney, Sustainable Food and Farming, Earthjustice February 2019 Roughly every five years, Congress revises and renews the Farm Bill to fund our nation’s food security, nutrition, and farm conservation programs. The 2018 Farm Bill, which passed with large bipartisan majorities in both chambers, is surprisingly climate-conscious. Its successes will […]
By Philip S. Barnett and Gregory Dotson* Most people think of Congress as a legislative body. That’s of course understandable. But our experience has taught us that oversight can be as important as legislation. Simply by holding hearings, asking questions, and releasing information, Congress can have a major impact on […]
by Justin Gundlach Hurricanes like Harvey and Irma do not wipe clean the slate of prior plans, designs, and construction choices in the communities they afflict, but they do require officials, planners, and home and business owners to decide whether and how to alter those plans as they rebuild. As […]