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Rising Tides-Toward a Federal Climate Resilience Fund

Climate impacts in the United States disproportionately fall on low-income communities and communities of color. As the costs of climate adaptation mount, municipalities and states have brought litigation against fossil fuel companies to recover for extensive damage caused by climate change. Drawing on lessons from previous tobacco and asbestos suits, this Article argues that damages litigation—while properly heard in state courts—has significant shortcomings as an equitable climate change adaptation strategy.

Louisiana v. Biden

A district court permanently enjoined the Biden Administration from implementing a "stop" on new oil and gas lease sales on public lands or in offshore waters in thirteen states—Alabama, Alaska, Arkansas, Georgia, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah, and West...

Louisiana v. Biden

The Fifth Circuit vacated a district court's issuance of a nationwide preliminary injunction enjoining the Biden Administration from pausing new oil and gas lease sales on federal lands. Thirteen states filed suit against the Administration after the president issued Executive Order No. 14008, chall...

Hoboken v. Chevron Corp.

The Third Circuit affirmed two district courts' orders remanding back to start court two climate liability suits bought against oil companies. Delaware and the city of Hoboken sued the companies in state court for state-law torts. The companies removed the suits to federal court, arguing removal was...