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What Next for the Climate Tort Cases?

Legal Planet

First, they will argue that they can’t be held liable for failing to disclose their knowledge of the causes of climate change because there was uncertainty about the topic and it was controversial. In their efforts to get the cases into federal court, the oil companies argued that federal law bars state lawsuits about climate change.

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Environmentalism and the Supreme Court

Legal Planet

The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards. It was the first case in which the Court was confronted with the issue of climate change. The Court then held that greenhouse gases are covered by the Clean Air Act as a type of air pollutant.

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The Origins of Climate Awareness in the Legal Academy

Legal Planet

Today, climate change is the central, though by no means the only, concern in environmental law. I found only one relevant reference using the term “climate change” before 1985. In one sentence of a 1975 article, John Barton referred to “climate change” as a potentially severe long-term problem.

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What is jurisdiction, and why is it important to climate change litigation?

Legal Planet

Local actors seek climate change damages from the biggest fossil fuel companies through state law litigation. EPA and the Supreme Court’s deregulatory trend, state action remains an avenue for climate change adaptation and mitigation. In climate change cases, the defendants are the oil and gas companies.

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Has the 10th Circuit Paved the Way for More Clean Air Act Mobile Source Citizen Suits?

Environment Next

In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—a category of enforcement actions that has so far failed to gain much traction—the 10 th Circuit Court of Appeals recently issued an opinion broadly upholding a non-profit organization’s standing.

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Can Fossil Fuel Companies Be Held Liable for Climate Change?

Law Columbia

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. Instead, it has been to stem and confuse the flow of information about climate change to the public and political leaders.

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Congress Has Acknowledged Climate Change 87 Times From 1978 Through 2022

Law Columbia

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 Sabin Center’s collection of congressional references to climate change can be accessed here.