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Environmentalism and the Supreme Court

Legal Planet

The same is true in environmental law. Was it a fundamental paradigm shift, re-centering the law on new values? With all this in mind, here are the cases that I see as making up the canon and anti-canons of environmental law. The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards.

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What Next for the Climate Tort Cases?

Legal Planet

Are the lawsuits preempted by federal law? In their efforts to get the cases into federal court, the oil companies argued that federal law bars state lawsuits about climate change. The other argument is that the Clean Air Act itself eliminates state lawsuits for interstate pollution.

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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. The earliest mentions of these terms in the law review literature came in the late 1970s, and only one of the pre-1985 discussions took a comprehensive look at the problem. Third, there was so much else going on in environmental law.

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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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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. Individuals, too, have brought state law cases. Under the umbrella of common law, these cases involve claims of nuisance, failure to warn, design defect, negligence, trespass, products liability and more.

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Can Fossil Fuel Companies Be Held Liable for Climate Change?

Law Columbia

Lorenzen , an attorney at Crowell & Moring LLP who has led the coalition of petitioners challenging the Clean Power Plan before the D.C. Circuit and Supreme Court; and. * Gerald Torres , a professor at Cornell Law School whose recent work has focused on interactions between social movements, litigation, and legislative change.

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The SEC’s Final Climate Disclosure Rule: Interrogating Preemption and Coherence with Other Domestic Regimes

Law Columbia

Part Three, below, explores preemption questions in the context of other domestic frameworks: California’s climate-disclosure laws and the Environmental Protection Agency (EPA)’s GHG emissions reporting regime. The GHGRP includes Scope 1 emissions, which must be reported at the individual facility level.

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