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.
The year 2015 marked a new era in climate efforts under the United Nations Framework Convention on Climate Change when the nations of the world signed a new implementing agreement in Paris, France.
The D.C. Circuit reversed a district court's dismissal of a challenge by scientific advocacy groups to EPA's directive barring recipients of EPA grants from serving on any of the Agency's advisory committees. The groups argued that the directive lacked a reasoned explanation for changing its policy,...
A district court vacated EPA's 2017 directive that prohibited scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees. An environmental group argued the directive should be vacated and remanded following the court's previous ruling that granted summary ju...
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...
A district court granted in part and denied in part the Trump Administration's motion to dismiss a challenge to its plans to fund construction of a wall along the U.S.-Mexico border. An environmental group argued that the president exceeded his authority under the National Emergency Act (NEA) when h...