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U.S. Climate Law: A Broad & Rapidly Growing Field

Legal Planet

In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. and international law. and international law. climate policy. Here goes: I. Cross-cutting A.

Law 246
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How the Supreme Court’s Chevron Decision Benefits Big Oil and Gas

Union of Concerned Scientists

This decision , reached with a 6-3 majority led by Chief Justice John Roberts, marks a significant shift in administrative law and has profound implications for environmental regulations and climate accountability. the EPA or FDA), staffed with experts, to interpret and implement laws within their purview effectively.

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The Supreme Court’s Latest Decision Is a Blow to Stopping Climate Change

Union of Concerned Scientists

The majority 6–3 decision sharply curtails the EPA’s authority to set standards based on a broad range of flexible options to cut carbon emissions from the power sector—options such as replacing polluting fossil fuels with cheap and widely available wind and solar power coupled with battery storage.

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What Next for the Climate Tort Cases?

Legal Planet

Many of the claims are based at least in part on allegations of misrepresentations by the companies regarding climate science in order to promote their sales of fossil fuels. Are the lawsuits preempted by federal law? The other argument is that the Clean Air Act itself eliminates state lawsuits for interstate pollution.

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EPA’s Power Plant Carbon Rules Are Critical—and Complex. Here’s What to Know, and What to Watch.

Union of Concerned Scientists

Through the Clean Air Act , and as affirmed—and reaffirmed—through multiple legal sagas, EPA is statutorily obligated to address carbon pollution from fossil fuel-fired power plants. Section 111 of the Clean Air Act constrains how EPA sets standards—but gives states wide latitude in implementation.

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In a first for climate nuisance claims, a Hawai‘i State Court allowed Honolulu to proceed with its case against fossil fuel companies

Law Columbia

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp.

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What Happened During the Montana Youth Climate Trial

Legal Planet

The bench trial took place last month in the state capitol, Helena, where 16 youth plaintiffs ages 5 to 22 made the case that Montana’s unwavering promotion of fossil fuels violates the state constitution’s guarantee to a “clean and healthful environment.” Whether Montana’s GHG emissions can be measured incrementally.