Climate Change (generally)
H.R. 7404
Update Type
Bills Introduced
https://www.congress.gov/bill/117th-congress/house-bill/7404
Committee Name
Committees on Transportation and Infrastructure and Energy and Commerce.
Sponsor Name
McKinley
Sponsor Party Affiliation
R-W. Va.
Issue
6
Volume
52
Update Issue
10
Update Volume
52
Congress Number
117
Congressional Record Number
168 Cong. Rec. H4190

would clarify the authority of the president to declare certain national emergencies under the National Emergencies Act, certain major disasters or emergencies under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or public health emergencies under the Public Health Service Act on the premise of climate change.

H.R. 7355
Update Type
Bills Introduced
https://www.congress.gov/bill/117th-congress/house-bill/7355
Committee Name
Committee on Financial Services
Sponsor Name
Van Duyne
Sponsor Party Affiliation
R-Tex.
Issue
6
Volume
52
Update Issue
10
Update Volume
52
Congress Number
117
Congressional Record Number
168 Cong. Rec. H4126

would provide that under the securities laws certain disclosures related to greenhouse gas emissions or consumption of an issuer shall not be construed to be required.

S.3998
Update Type
Bills Introduced
https://www.congress.gov/bill/117th-congress/senate-bill/3998
Committee Name
Committee on Environment and Public Works
Sponsor Name
Capito
Sponsor Party Affiliation
R-W. Va.
Issue
6
Volume
52
Update Issue
10
Update Volume
52
Congress Number
117
Congressional Record Number
168 Cong. Rec. S1980

would clarify the inability of the president to declare national emergencies under the National Emergencies Act, major disasters or emergencies under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and public health emergencies under the Public Health Service Act on the premise of climate change.

Using Issue Certification Against a Defendant Class to Establish Causation in Climate Change Litigation
Author
James E.A. Rehwaldt
Author Bios (long)

James E.A. Rehwaldt is a 2022 J.D. candidate at Lewis & Clark Law School.

Date
April 2022
Volume
52
Issue
4
Page
10292
Type
Articles
Summary

Efforts to hold major greenhouse gas emitters accountable for the harms caused by global climate change have been consistently frustrated at the procedural stages of litigation in U.S. federal courts. This Article explores using a combination of class action mechanisms to engage with these threshold barriers and hold carbon-major corporations responsible for climate impacts. Specifically, it proposes using issue certification under Federal Rule of Civil Procedure 23(c)(4) against a defendant class of carbon-major polluters to overcome the causation question that has obstructed federal courts’ engagement with the merits of climate change litigation.

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