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Using Issue Certification Against a Defendant Class to Establish Causation in Climate Change Litigation
Efforts to hold major greenhouse gas emitters accountable for the harms caused by global climate change have been consistently frustrated at the procedural stages of litigation in U.S. federal courts. This Article explores using a combination of class action mechanisms to engage with these threshold barriers and hold carbon-major corporations responsible for climate impacts.
Louisiana v. Biden
The Fifth Circuit granted the Biden Administration's motion to stay a district court ruling enjoining federal agencies from implementing interim estimates on the social cost of greenhouse gas emissions. States had argued the president lacked authority to promulgate and enforce the estimates; that th...
Exxon Mobil Corp. v. Healey
The Second Circuit affirmed in part and dismissed in part a district court ruling in a lawsuit brought by an oil company against the New York and Massachusetts attorneys general. The company had argued the states' investigations into the company's allegedly deceptive speech concerning climate change...
Adapting to a 4°C World
The Paris Agreement’s goal to hold warming to 1.5°-2°C above pre-industrial levels now appears unrealistic. Profs. Robin Kundis Craig and J.B. Ruhl have recently argued that because a 4°C world may be likely, we must recognize the disruptive consequences of such a world and respond by reimagining governance structures to meet the challenges of adapting to it.