Cross-cutting Issues

391 posts

Seven County Infrastructure Coalition: The Supreme Court’s “Substantial Deference” Standard and Implications for Judicial Review under NEPA

  On May 29, 2025, the U.S. Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975) in which it perhaps clarified, perhaps modified, or perhaps announced entirely new standards for judicial review of agency obligations under the National Environmental Policy Act (NEPA). Justice Kavanaugh […]

New Book Explores How Advisory Opinions Are Shaping International Climate Law

As the Inter-American Court of Human Rights (IACtHR) prepares to release its advisory opinion on climate change on July 3, 2025—joining earlier decisions from the International Tribunal for the Law of the Seas (ITLOS) and the European Court of Human Rights (ECtHR), and in anticipation of the International Court of […]

Examining the Remarkable Rise of Ultra Vires Claims Against the Executive Branch

Since 2016, presidents and their administrations have increasingly drawn lawsuits arguing that they are overstepping their authority. In these ultra vires claims, litigants contend that presidential actions—including, for example, executive orders, proclamations, or memoranda, as well actions by executive agencies done at the President’s behest—exceed the scope of the authority […]

The End of Nationwide Injunctions for Federal Funding Award Terminations

On Friday, June 27, the Supreme Court’s term closed and the Court handed down its final opinions, including in a case called Trump v. CASA. The CASA plaintiffs challenged President Trump’s executive order on birthright citizenship, but the Court’s decision – which made no substantive holdings about citizenship or immigration […]

Atlanta’s New Ordinance Raises the Bar on Cool Roofs

Earlier this month, on June 2, 2025, Atlanta’s City Council unanimously passed a state-of-the-art ordinance to require cool roofs throughout the whole city, immediately propelling Atlanta to the forefront of local climate adaptation measures. The new requirements will help make Atlanta cooler, improve its air quality, and lower residents’ energy […]

What Lliuya v. RWE Means for Climate Change Loss and Damage Claims

A plaintiff from the Global South. A carbon giant from the Global North. And a courtroom in a mid-sized German city. On May 28, 2025, the Higher Regional Court of Hamm issued its ruling in what has become Germany’s most high-profile climate lawsuit — Lliuya v. RWE. While the court […]

New Book on Brazil and Climate Justice Explores the Frontiers of Climate Litigation in the Global South

As of June 2025, Brazil had the third largest number of climate litigation cases of any country in the world. To date, a total of 135 climate cases have been brought in Brazil—surpassing other major jurisdictions and trailing only the United States and Australia. Remarkably, the vast majority of these […]