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Behind the Curtain: Insiders' View of Developing and Enforcing State Climate Change Laws

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.

Conservation Law Foundation v. ExxonMobil Corp.

A district court stayed an environmental group's climate change lawsuit against an oil company concerning a CWA permit for its petroleum storage facility in Massachusetts. The group argued that the permit required the company to consider predictable weather patterns, including flooding and severe st...

Minnesota Sands, LLC v. Winona, Minnesota, County of

Minnesota's high court upheld an appellate court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining. A silica-sand mining company argued the ordinance violated the dormant Commerce Clause by discriminating against its business. The hi...

United States v. California

A district court denied summary judgment to the U.S. government in a lawsuit concerning California's cap-and-trade agreement with Quebec. The government argued the agreement violated the Treaty Clause of the U.S. Constitution because it was binding and "confederat[ed] the laws of the two jurisdictio...

Environmental Justice, Just Transition, and a Low-Carbon Future for California

We must substantially reduce carbon emissions within a short time line, and this rapid decarbonization will cause negative economic and social impacts on workers and communities dependent upon fossil fuel extraction and use. “Just transition” often refers to addressing the needs of those communities, but an equitable transition into a low-carbon future should also take into account environmental justice communities that have suffered from disproportionate exposure to environmental hazards and that could and should benefit from job creation.