Annapolis, Maryland v. BP P.L.C.
A district court remanded back to state court two climate liability suits brought against oil companies. A city and county in Maryland had sued the companies in state court, alleging they concealed climate-related harms caused by fossil fuels. The companies removed the suits to federal court based o...
Animal Legal Defense Fund v. Reynolds
A district court granted summary judgment for nonprofit groups in a challenge to an Iowa statute aimed at preventing them from recording images or videos of conditions in slaughterhouses and other animal facilities. The groups argued that the statute impermissibly restricted their First Amendment fr...
Financially Equivalent but Behaviorally Distinct? Pollution Tax and Cap-and-Trade Negotiations
Economic theory suggests that pollution tax and cap-and-trade regulations can be functionally equivalent. Environmentalists tend to prefer the firm emissions cap in cap-and-trade programs, while economists and business interests tend to prefer the price certainty of tax programs. But both may be overlooking behavioral distinctions between the two policies. Using a novel randomized case experiment, this Article tests whether the framing changes negotiated policies.
The Acceleration of Climate Creep: The Court Crashes, Congress Surges
This Comment takes up two recent conflicting developments: the U.S. Supreme Court’s decision in West Virginia v. Environmental Protection Agency, which was designed to undercut present and future federal climate action, and Congress’ surprising countermove passing climate legislation in the form of the Inflation Reduction Act, which has dramatically accelerated development of the rule of law around climate change in the United States.