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.
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 upheld DOI's renewal of two mineral leases that had previously been rejected for a copper-nickel mine in Superior National Forest. Businesses and environmental groups argued that DOI's authority to reconsider its decision to renew was limited to ministerial or inadvertent errors, an...
A district court dismissed constitutional challenges to Colorado's forced pooling statute, under which property owners were required to allow oil and gas companies to extract their minerals. A group of property owners argued the statute violated the First Amendment by requiring non-consenting owners...