By Dr. Will Frank [1] Editor’s note: Lluiya v. RWE, now pending in the courts of Germany, is a noteworthy litigation concerning the potential liability of greenhouse gas emitters for the damages caused by climate change. The blog below presents an analysis of the case from the point of view of a […]
Climate Litigation
236 posts
by Justin Gundlach We know that burning fossil fuels is the main cause of anthropogenic climate change, and that climate change is the source of adverse impacts on communities and even regional and national economies. Those impacts—sometimes irksome, sometimes devastating—are increasingly obvious, and the causal mechanisms that connect them to […]
On September 14, the Arizona Court of Appeals, Division II, ruled that a trial court decision to release climate scientists’ emails had improperly ignored an Arizona statutory protection for university records. In this case, the Energy & Environment Legal Institute (“E&E Legal”) has been attempting to use open records laws […]
By Dena Adler It has been widely reported that Hurricanes Harvey and Irma inundated industrial plants, wastewater treatment plants, and Superfund sites, causing a stew of toxic chemicals and sewage to leak into floodwaters and releasing almost 1 million pounds of seven deadly pollutants into the air. The Union of […]
By Michael Burger This past July, three local governments in California filed three different lawsuits in California state courts, claiming that the extraction, promotion, and sale of fossil fuels by a group of oil, gas, and coal companies constituted torts under a number of different state common law theories. (I […]
On August 21, the federal District Court for the District of Columbia upheld the decision by the National Oceanic and Atmospheric Administration (NOAA) to withhold NOAA climate scientists’ research documents from release to the conservative group Judicial Watch. Judicial Watch sought to use the Freedom of Information Act (FOIA) – […]
By Jessica Wentz This week, federal courts issued decisions on two cases involving questions pertaining to the scope of environmental review for fossil fuel production and transportation projects. Among other things, these cases examined the extent to which agencies had complied with obligations under the National Environmental Policy Act (NEPA) […]
By Michael B. Gerrard Donald Trump’s operating principles as relates to environmental regulation are: Regulations kill jobs; they are all costs, no benefits; we should do away with as many as we can. The U.S. should strive for “energy dominance” in the world, trying to follow the lead of those […]