Online Articles

Plaintiffs in Held arrive for the final day of the historic trial. Credit: Thom Bridge, Independent Record via AP

What Held v. Montana immediately offers for Constitutional Environmental Rights

November 16, 2023 by Matthew Grabianski Climate change Litigation State and Local

Held v. Montana,[1] decided by Montana state court Judge Kathy Seeley last August, is already widely recognized as a landmark case in environmental law.[2] Much has been written about the ruling, which struck down a Montana provision that forbade state…

The Supreme Court building

What Overruling Chevron Could Mean for Environmental Law

November 6, 2023 by Berit DeGrandpre Litigation

The Supreme Court has agreed to reconsider the Chevron doctrine this term. This article explores why overruling or limiting the doctrine may not have a watershed impact on environmental law.

City skyline in orange haze

Inadequate Protections for Workers In a Warming World

October 2, 2023 by Agnes Enochs Air Climate change Litigation State and Local

July 2023 was the hottest month on record. As extreme temperatures become the norm, many workers find themselves without adequate workplace protections. With heat-related deaths on the rise, more must be done to secure workers' safety in a warming world.

A consumer considers which product to buy off the shelf and seems interested in one that claims to be “green.”

GREENWASHING: The Beginning or End of an Era of Environmental Deception?

September 28, 2023 by Charlie Dwight Chemicals Climate change Litigation

As American consumers focus more on how their consumption habits impact the environment, companies are seeking to capitalize by claiming their products are “green” even if these claims are dubious – a practice known as greenwashing. In this article, Charlie Dwight walks through the legal landscape of greenwashing and argues FTC and SEC enforcement would help crack down on the practice.

Courtesy of U.S. Fish and Wildlife Service

We're Falling into a Ring of Fire: Taking Stock of Wildfire Liability Regimes from Varying Perspectives in the United States

March 31, 2021 by Drew Robertson Air Climate change Litigation Public Lands State and Local

By Alec Williams, Managing Editor

After a record-breaking wildfire season in 2020, lawsuits are likely to flood the dockets of federal and state courts across the United States. Wildfire liability determinations at either level can be complex, typically implicating many parties and exorbitant damage awards. However, in light of the projected impact of climate change on wildfire frequency and severity, such lawsuits may become increasingly commonplace.

Duck, Duck, Sued! – CERCLA’s Game of Contribution Tag

April 27, 2019 by Rebecca Strauss Chemicals Litigation

By Sean Murphy, Staff Contributor

Imagine the polluters in a CERCLA Superfund suit sitting in a circle playing Duck Duck Goose. That’s right—this game isn’t just for kids. CERCLA, the Superfund statute lets polluters play a similar game of liability tag in contribution actions. But is CERCLA really all fun and games?