51 posts

The Major Questions Doctrine is a Fundamental Threat to Environmental Protection. Should Congress Respond?

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, […]

Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?

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 […]

The 2018 Farm Bill is surprisingly climate-conscious

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 […]

Congress Can Help Make Houston More Resilient to the Next Hurricane By Adding 3 Words to the 2017 Emergency Supplemental Appropriations Bill

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 […]