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?
By Sean Murphy, Staff Contributor
Clarifying the Endangered Species Act’s “Distinct Population Segment” Policy Through the Lens of Grizzly BearsApril 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.
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?
There is no cause of action against the US Government under the Fifth Amendment for Failure to Protect the Global Climate SystemFebruary 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.
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?
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?
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.
Litigating the Alleged Carcinogenicity of Glyphosate in Monsanto’s Roundup: The Fairness (and Unfairness) of Deciding Causation Independent of LiabilityJanuary 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?
D.C. District Court Announces Standard for Administrative Standing that Could Broadly Enable Third Party Participation in Agency Proceedings Regarding Environmental ClaimsSeptember 9, 2018 by bcf27 Litigation
By Samantha Peppers, Executive Editor
In administrative law, third parties may intervene in agency actions so long as they qualify as an "interested person." The D.C. District Court in a recent decision has articulated criteria for determining administrative standing, and in doing so, identified a clear standard for determining whether a party qualifies as an "interested person." The rule from this case is broadly applicable and may be helpful in enabling third party participation in many areas of environmental litigation.