A district court remanded back to state court Massachusetts' consumer protection lawsuit concerning an oil company's accounting of climate change risks. The state argued that the company misled and deceived its investors and consumers about the climate risks of fossil fuel products, and moved to rem...
A district court denied a request to vacate the Trump Administration's decision to lift the Obama Administration's moratorium on new coal leasing on public lands. Environmental groups, tribes, and states argued that BLM's issuance of a final EA and FONSI were insufficient to meet the court's previou...
A district court granted summary judgment for the U.S. Army Corps of Engineers in a challenge to its proposal to dredge a portion of a harbor located in the Lower St. Johns River. An environmental group argued that the Corps violated NEPA by failing to analyze the present effects of past dredging ac...
A district court granted summary judgment for the U.S. Forest Service in a challenge to its approval of a tree-thinning and fire mitigation project in the Los Padres National Forest. Conservation groups and nearby residents argued the Service's decision to authorize the project with a categorical ex...
The Ninth Circuit affirmed in part and vacated in part summary judgment for DOI in a challenge to its issuance of secretarial procedures authorizing a Native American tribe to operate a hotel and casino in Madera, California. Nonprofit groups argued that issuance of the procedures violated NEPA and ...
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...
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...
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.