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California v. Bernhardt

A district court denied FWS' and NMFS' motion to dismiss a challenge to the agencies' issuance of rules that revised key requirements of the ESA's implementing regulations. States and conservation groups argued that the agencies exceeded their statutory authority in issuing the rules in violation of...

Center for Biological Diversity v. Bernhardt

A district court dismissed for lack of standing a challenge to FWS' and NMFS' issuance of rules that revised key requirements of ESA's implementing regulations. Conservation groups argued that the rules failed to provide an adequate EIS in violation of NEPA, failed to provide adequate notice and com...

San Mateo v. Chevron Corp.

The Ninth Circuit affirmed in part a district court ruling granting California counties' and cities' motions to remand to state court a lawsuit against oil companies alleging nuisance and other causes of action arising from the role of fossil fuel products in global warming. The companies argued the...

Oakland v. BP PLC

The Ninth Circuit vacated and remanded a district court ruling denying San Francisco's and Oakland's motion to remand to state court a lawsuit alleging that oil companies make and sell products that create a public nuisance—sea-level rise—when combusted. The cities argued the district court erre...

Species Protection as a Natural Climate Solution

This Article, adapted from Chapter 16 of What Can Animal Law Learn From Environmental Law?, 2d Edition (ELI Press, forthcoming 2020), explores existing and potential wildlife conservation policies that could play a vital role in mitigating global climate change. It describes how climate change is impacting wildlife and biodiversity around the globe and reviews the history and current state of U.S. policy, including how the federal government currently manages climate change issues under the ESA.

Behind the Curtain: Insiders' View of Developing and Enforcing State Climate Change Laws

This Article highlights the role of advocates in pushing government to step up to the challenges of reducing greenhouse gas (GHG) emissions and remaining steadfast through continued policy enforcement. The authors, who participated in the development of the Massachusetts Global Warming Solutions Act, provide insights regarding climate legislation, regulation, and litigation in a state committed to addressing climate change.