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.
October 31, 2019
by Trevor Herden
Chemicals
Litigation
Oceans
By Lauren Griffith, Staff Contributor
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?
April 5, 2019
by Georgetown Environmental Law Review
Endangered Species
Environmental Law Review Syndicate
Federal Rollbacks
Litigation
Wildlife
By Max Chaffetz, Managing Editor, Virginia Environmental Law Journal
How does the Endangered Species Act’s “Distinct Population Segment” policy apply to the iconic grizzly bear? Read more in this analysis posted via the Environmental Law Review Syndicate.
March 22, 2019
by Gregory Harned
Air
Climate change
Energy
Fossil Fuels
International
Litigation
Natural Resources
By Isabelle Smith
As the global community confronts the reality that a rapid reduction in greenhouse gas (GHG) emissions is urgently required, a new class of climate change litigation is emerging. But what impact are these proceedings having?
February 28, 2019
by Gregory Harned
Air
Chemicals
Climate change
Fossil Fuels
Litigation
By Lynn Phan, Staff Contributor
Whenever faced with the decision to declare a “healthful environment” or freedom from harmful contaminants as fundamental rights, federal courts have invariably rejected those claims.
February 21, 2019
by Samuel Ruddy
Air
Energy
Federal Rollbacks
Fossil Fuels
Litigation
By Kathryn Priester, Staff Contributor
Environmental groups and the State of California are up in arms over an EPA memo scrapping a decades-old Clean Air Act policy. Will the DC Circuit weigh in on the EPA’s use of “guidance” to drastically shift US regulatory policy?
January 25, 2019
by Rebecca Strauss
Air
Climate change
Litigation
By Rourke Donahue, Staff Contributor
Twenty-one children are suing the federal government over its failure to address climate change. But does the public have a fundamental right to the environment and is climate change an appropriate issue for courts to address?
January 24, 2019
by Gregory Harned
Climate change
Energy
Fossil Fuels
International
Litigation
Natural Resources
Water
By Scott Novak, Staff Contributor
Whereas the Refugee Convention does not provide relief for climate change refugees like Teitiota, the Alien Tort Statute (ATS) might.
January 17, 2019
by mjb443
Chemicals
Litigation
By Leora Friedman, Staff Contributor.
The Northern District of California readies to hear the U.S.’s first federal test case regarding the carcinogenicity of Monsanto’s glyphosate-containing herbicide, Roundup. Controversially, in early January 2019, Judge Chhabria granted Monsanto’s request for bifurcation—agreeing first to litigate glyphosate’s causation to the plaintiff’s cancer and, only afterward, allowing evidence of Monsanto’s alleged efforts to sway agency positions on glyphosate. But can the reliability of scientific studies be determined without considering the institutions that may have housed and/or nurtured them?
