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Oklahoma v. United States Department of the Interior
A district court denied Oklahoma's motion for preliminary injunction in a lawsuit concerning OSM's decision to strip the state of its regulatory authority over surface mining on the Muscogee (Creek) Nation's reservation. Oklahoma sought to enjoin OSM from enforcing its decision, arguing that the sta...
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.
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...