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Climate Change

Rhode Island v. Shell Oil Products Co., L.L.C.

The First Circuit affirmed a district court order remanding to state court Rhode Island's climate change lawsuit against several oil companies. The companies argued that the suit was properly removed to federal court because the state's...

Chernaik v. Brown

The Oregon Supreme Court affirmed, 6-1, an appellate court decision vacating a lower court ruling that no trial was needed in a climate change lawsuit concerning Oregon's obligations to protect natural resources under the public trust...

Back to the Future: Creating a Bipartisan Environmental Movement for the 21st Century

With a contentious presidential election looming amidst a pandemic, economic worries, and historic protests against systemic racism, climate action may seem less pressing than other challenges. Nothing could be further from the truth....

Conservation Law Foundation, Inc. v. Shell Oil Products US

A district court granted in part and denied in part an oil company's motion to dismiss a climate change adaptation lawsuit brought against it. An environmental group brought a citizen enforcement action under the CWA and RCRA,...

Leaking Methane: Natural Gas, Climate Change, and Uncertainty

Recent studies suggest natural gas is significantly more carbon-intensive than previously realized, with methane having at least 25 times the warming potential of carbon dioxide. If the United States is to meet greenhouse gas reduction...

A Road Map to Net-Zero Emissions for Fossil Fuel Development on Public Lands

In producing over 274 million barrels of oil, 3.3 billion cubic feet of natural gas, and 302 million tons of coal each year, the Bureau of Land Management’s (BLM’s) decisions significantly impact U.S. and global greenhouse gas emissions...

A Rights-Based Approach to Governance of Climate Geoengineering

Faced with the growing threat of climate vulnerability, many have turned to the idea of geoengineering. However, many environmentalists and human rights advocates are wary of the risks related to geoengineering. At present, there is no...

From RPS to Carbon: An Evolutionary Proposal

Renewable portfolio standards (RPS) and their accompanying renewable energy credits have been adopted by 38 states and the District of Columbia. This Article argues that they have outlived their usefulness, and proposes a transition to...

Roads to Nowhere in Four States: State and Local Governments in the Atlantic Southeast Facing Sea-Level Rise

Local governments in the coastal zone play a key role in adapting to the changing climate. This Article presents an analysis of coastal communities in four states, Florida, Georgia, South Carolina, and North Carolina, and provides three...

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

The Tenth Circuit affirmed a district court ruling that remanded to state court a climate change lawsuit against oil companies for contributing to global warming-related damage in Colorado. Three local government entities argued before...