Successful climate change mitigation and adaptation require behavioral change at an unprecedented scale. Fortunately, behavioral research has proven that minor tweaks to the choice environment can usher in a paradigm shift toward more climate-friendly decisionmaking. This Article makes the case for greater reliance on choice architectural nudges as a catalyst for more climate-friendly decisionmaking across a wide range of contexts.
The Ninth Circuit denied a motion for rehearing or reconsideration en banc of its mandamus order in a climate liability suit brought by 21 young people against the U.S. government.
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The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the chronic toxicity of 1,1,2-trichloroethane pursuant to TSCA. A trade organization representing seven entities challenged the order, arguing EPA failed to comply with several statutory requirements. The c...
Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.
A district court adopted a magistrate judge's findings and recommendations to remand to state court a climate liability lawsuit brought by an Oregon county against oil and gas companies. The county initially sued in state court, arguing the companies failed to warn consumers about the negative effec...
The Fourth Circuit affirmed dismissal of a TSCA citizen suit concerning EPA's decision on a petition to require testing for 54 per- and polyfluoroalkyl substances (PFAS). Four citizen groups argued that EPA's decision, which granted the petition and agreed to require testing on PFAS as a class throu...