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Environmental Rights, Public Trust, and Public Nuisance: Addressing Climate Injustices Through State Climate Liability Litigation

This Article focuses on an area of rapidly evolving jurisprudence—climate liability litigation. It examines in depth the state attorney general’s complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-law tort claims. It explores the intensely sustained legal battles taking place between states and fossil fuel companies over whether federal courts or state courts should have jurisdiction, which in many respects is the “ballgame issue” for both plaintiffs and defendants.

Extreme Weather and Climate Change

People, businesses, cities, and states are increasingly burdened by extreme weather events. Drought, heat, wildfires, precipitation, hurricanes, and tornadoes are becoming more intense. Most analysts point toward an emerging trend: as the earth warms, extreme weather events are becoming more costly and more deadly, though some raise lingering uncertainties about linking climate change to specific types of weather or specific events.

Smith v. Tumalo Irrigation District

A district court denied landowners' motion to preliminarily enjoin an irrigation project in central Oregon. The landowners first argued that the Natural Resources Conservation Service (NRCS) violated NEPA by failing to include in its EA two farm-efficiency alternatives and an adequate analysis of th...

WildEarth Guardians v. Bernhardt

A district court granted in part nonprofit groups' motion for summary judgment in a lawsuit concerning BLM's review of cumulative climate impacts of oil and gas leases in Wyoming. The groups argued that BLM's supplemental EA prepared in response to the court's previous ruling that the agency had fai...

Rhode Island v. Shell Oil Products Co., L.L.C.

The First Circuit affirmed a district court order remanding to state court Rhode Island's climate change lawsuit against several oil companies. The companies argued that the suit was properly removed to federal court because the state's complaint presented a federal question. The district court foun...

Chernaik v. Brown

The Oregon Supreme Court affirmed, 6-1, an appellate court decision vacating a lower court ruling that no trial was needed in a climate change lawsuit concerning Oregon's obligations to protect natural resources under the public trust doctrine. Two young Oregonians argued the state was required to a...

WildEarth Guardians v. Bernhardt

A district court granted BLM's request to remand without vacatur 27 oil and gas leasing decisions across five states. Environmental groups argued that BLM failed to consider the cumulative impacts of the leases as required under NEPA, and sought to have them vacated and remanded. The court found tha...