Remove Clean Air Act Remove Politics Remove Sea Level
article thumbnail

What Next for the Climate Tort Cases?

Legal Planet

That brings us to the second argument that companies could make, that any deception claims relate to speech intended to influence the political process and that political speech is exempt from liability even if it is false. The other argument is that the Clean Air Act itself eliminates state lawsuits for interstate pollution.

article thumbnail

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. In an opinion by Justice Stevens, the Court held that the threat of sea level rise gave a state government standing to bring the suit. American Trucking Associations. Army Corps of Engineers. Michigan v.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The Origins of Climate Awareness in the Legal Academy

Legal Planet

In an article about loss of coastal land in Louisiana, Oliver Houck observed that sea level rise might pose a “grim” long-term threat to the coast but had had little effect to date. For instance, Weiss wrote the year after the Superfund law was passed and barely a decade after the Clean Air Act went into effect.

article thumbnail

Can Fossil Fuel Companies Be Held Liable for Climate Change?

Law Columbia

Instead, it has been to stem and confuse the flow of information about climate change to the public and political leaders. The California plaintiffs, by contrast, are seeking money damages from fossil fuel companies to offset the costs required to adapt to, among other things, rising sea levels.

article thumbnail

July 2017 Updates to the Climate Case Charts

Law Columbia

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ Clean Air Act Jobs Study Lawsuit. DECISIONS AND SETTLEMENTS.

2017 40
article thumbnail

State “Climate Superfund” Bills: What You Need to Know

Law Columbia

Under the CERCLA approach adopted by the Climate Superfund bills, large fossil fuel producers and refiners are held strictly liable for costs arising from their products’ GHG emissions, regardless of whether they are deemed to have acted improperly. No federal statutes explicitly preempt state Climate Superfund laws, and different U.S.

article thumbnail

Environmental Law: Government and Public Policy Towards the Environment

Environmental Science

As water and water runoff does not respect political boundaries, international laws on conservation and use are common and applied, especially where there is shared use and responsibility or competing claims to it. The Clean Air Act is an excellent example of this following the publication of Rachel Carson's book Silent Spring.