Delaware v. BP America Inc.
A district court granted Delaware's motion to remand to state court its climate liability lawsuit against fossil fuel companies. Delaware argued it had suffered, and would continue to suffer, damages from climate impacts caused by the companies' denial of and disinformation about the existence, caus...
A New Causal Pathway for Recovery in Climate Change Litigation?
Courts across the globe recognize that human-induced climate change leads to more frequent and severe extreme weather and other events, resulting in significant damages to persons and property. Although courts have therefore ordered countries and corporations to take more aggressive actions to limit their greenhouse gas emissions, no court has yet required any emitter to pay damages for injuries from a climate changerelated event. Causation issues remain a significant obstacle to such claims.
The Constitutional Right to Save the Environment
More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution. His book, The Constitutional Question to Save the Planet: The Right to a Healthy Environment (ELI Press 2021), expands upon the story of his amendment to demonstrate how its principles can be the basis for addressing climate change in the rest of the world.
Truck Trailer Manufacturers Ass'n v. Environmental Protection Agency
The D.C. Circuit granted a trade group's petition to review a 2016 rule issued by EPA and the National Highway Traffic Safety Administration that set greenhouse gas emissions and fuel efficiency standards for medium- and heavy-duty engines and vehicles. The group challenged the agencies' authority t...
Green Bonds and the Climate Crisis
Environmentally conscious financiers are increasingly pursuing green ventures, especially through green bonds and stocks, social investing, and social benefit corporations. On September 21, 2021, the Environmental Law Institute hosted a panel of experts for its Environmental Law and Finance Series that explored the regulatory process for green bonds and stocks, best practices for advising stakeholders and clients interested in green bonds, and the opportunities and challenges of leveraging green financial tools to combat climate change.