Online Articles

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?

Clarifying the Endangered Species Act’s “Distinct Population Segment” Policy Through the Lens of Grizzly Bears

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.

Did You Get the Memo? Latest Guidance from Trump’s EPA Sparks Controversy

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?

Kids Take a Stand Against Climate Change, but Do They Have Standing?

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?

Litigating the Alleged Carcinogenicity of Glyphosate in Monsanto’s Roundup: The Fairness (and Unfairness) of Deciding Causation Independent of Liability

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?