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What Next for the Climate Tort Cases?

Legal Planet

One tries to combine two lines of precedent to argue that state liability rules were preempted by federal liability rules, but that the federal liability rules themselves were displaced by the Clean Air Act so no basis for liability remains. I don’t expect this argument to win in state court.

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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. In an opinion by Justice Stevens, the Court held that the threat of sea level rise gave a state government standing to bring the suit. American Trucking Associations. Army Corps of Engineers. Michigan v.

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The Origins of Climate Awareness in the Legal Academy

Legal Planet

In an article about loss of coastal land in Louisiana, Oliver Houck observed that sea level rise might pose a “grim” long-term threat to the coast but had had little effect to date. For instance, Weiss wrote the year after the Superfund law was passed and barely a decade after the Clean Air Act went into effect.

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Roundup: Biden Administration Revamps Procedures for Reviewing Regulations

Union of Concerned Scientists

In addition, a more inclusive approach to EO 12866 meetings could allow for the input of marginalized communities that are already seeing harms from sea level rise and changing patterns of severe weather. In its previous term, the Court upended precedent with the West Virginia v. Now, with the Loper Bright Enterprises, Inc.

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Roundup: Biden Administration Revamps Procedures for Reviewing Regulations

Union of Concerned Scientists

In addition, a more inclusive approach to EO 12866 meetings could allow for the input of marginalized communities that are already seeing harms from sea level rise and changing patterns of severe weather. In its previous term, the Court upended precedent with the West Virginia v. Now, with the Loper Bright Enterprises, Inc.

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Congress Has Acknowledged Climate Change 87 Times From 1978 Through 2022

Law Columbia

The database does not include six Congressional references to sea level rise (such as in appropriations to the Department of Defense to help preparing military bases) that did not explicitly mention climate change.

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Can Fossil Fuel Companies Be Held Liable for Climate Change?

Law Columbia

First, new research has traced to just 90 fossil fuel firms the following percentages of anthropogenic carbon dioxide and methane emissions, global mean surface temperature (GMST), and global sea level rise (GSL): From 1880 to 2010: GHGs: 57% GMST: 42–50% GSL: 26–32%. From 1980 to 2010: GHGs: 43% GMST: 29–35% GSL: 11–14%.