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San Mateo v. Chevron Corp.
The Ninth Circuit again affirmed a district court order that remanded to state court several California counties' and cities' lawsuit against oil and gas companies alleging state law claims arising from global warming. The district court concluded that none of the companies' grounds for removal—fe...
Mayor and City Council of Baltimore v. BP P.L.C.
The Fourth Circuit affirmed a district court order that remanded to state court the city of Baltimore's climate change lawsuit against oil companies. The city alleged it sustained climate change-related injuries, including an increase in sea levels, storms, floods, heatwaves, droughts, and extreme p...
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...