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What Next for the Climate Tort Cases?

Legal Planet

First, they will argue that they can’t be held liable for failing to disclose their knowledge of the causes of climate change because there was uncertainty about the topic and it was controversial. In their efforts to get the cases into federal court, the oil companies argued that federal law bars state lawsuits about climate change.

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Dismissal of New York City’s Climate Change Suit Affirmed by Second Circuit On Preemption Grounds

MGKF Law

Earlier this month, the Second Circuit affirmed the District Court for the Southern District of New York’s ruling that state common law claims against oil companies for costs resulting from climate change were either preempted by the Clean Air Act, or, in the case of foreign emissions, represented a non-justiciable political question.

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The Origins of Climate Awareness in the Legal Academy

Legal Planet

Today, climate change is the central, though by no means the only, concern in environmental law. I found only one relevant reference using the term “climate change” before 1985. In one sentence of a 1975 article, John Barton referred to “climate change” as a potentially severe long-term problem.

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Environmentalism and the Supreme Court

Legal Planet

The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards. It was the first case in which the Court was confronted with the issue of climate change. The Court then held that greenhouse gases are covered by the Clean Air Act as a type of air pollutant.

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What Happened During the Montana Youth Climate Trial

Legal Planet

Whether climate change impacts to Montana’s environment can be measured incrementally. Whether climate impacts and effects in Montana can be attributed to Montana’s fossil fuel activities. Intergovernmental Panel on Climate Change. The admission says a lot about political will.

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US Supreme Court Limits EPA’s Authority to Establish Emission Guidelines for the Power Sector

MGKF Law

The major questions doctrine requires that a federal agency have “clear congressional authorization” when acting on issues of great “economic and political significance.” citing Utility Air Regulatory Group v. ” Id. EPA , 573 U.

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Can Fossil Fuel Companies Be Held Liable for Climate Change?

Law Columbia

We know that burning fossil fuels is the main cause of anthropogenic climate change, and that climate change is the source of adverse impacts on communities and even regional and national economies. Instead, it has been to stem and confuse the flow of information about climate change to the public and political leaders.