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Climate Change

Juliana v. United States

The Ninth Circuit reversed a district court ruling that a group of youths had standing to sue the U.S. government for allegedly failing to act on climate change and violating their right to a safe climate. The youths argued that the...

People of New York v. Exxon Mobil Corp.

New York's high court dismissed the state's securities fraud lawsuit concerning an oil company's accounting of climate change risks. The state argued that the company made misrepresentations and omissions that were material to its...

Climate Engineering Under the Paris Agreement

Recent assessments of the international community’s ability to hold the increase of global average temperature to well below 2°C, while pursuing efforts to limit that increase to 1.5°C, indicate that this goal is unlikely to be achieved...

Learning From Tribal Innovations: Lessons in Climate Change Adaptation

Although a vast literature focuses on the efforts of states on climate change, they are not the only sovereigns who are working to address its negative impacts. This Article argues that though tribal governments are not part of the...

Electric Utility Wildfire Liability Reform in California

As climate change worsens, so does the risk of wildfires. This is especially so in already hot, dry areas such as the western United States. Adding to this problem is the rapid growth of the wildland-urban interface (WUI). As more and...

A Mount Laurel for Climate Change? The Judicial Role in Reducing Greenhouse Gas Emissions From Land Use and Transportation

Greenhouse gas emissions from transportation in the United States have remained persistently high. One cause is common low-density land use patterns that make most Americans dependent on automobiles. Reducing these emissions requires...

The Constitutionality of Taxing Agricultural and Land Use Emissions

Economywide legislation to address climate change will be ineffective unless it addresses greenhouse gas emissions from agriculture and land use. Yet incorporating these sectors into the most popular policy proposal—a carbon tax—carries...

Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.) Inc.

A district court granted Boulder County's motion to remand to state court its lawsuit against energy companies for causing, contributing to, and exacerbating climate change. The companies argued the challenge belonged in federal court...

Animal Legal Defense Fund v. United States

A district court dismissed a lawsuit brought by nonprofit groups and individuals alleging that climate change and the U.S. government's failure to protect them from the effects of climate change violated their constitutional right to a...

Rhode Island v. Chevron Corp.

A district court granted Rhode Island's motion to remand to state court a challenge against energy companies for contributing to climate change. The state argued its challenge should be removed back to state, where it was initially...

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