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Showing 319 results

Matthew Freeman | February 12, 2020

Connecting the Dots Between Rulings on Climate Change and School Busing

When I was a 7th grader living in a Maryland suburb of Washington, D.C., my school system was one of many around the nation to launch a program of school busing to desegregate its schools. After 18 years, the 1954 decision in Brown v. Board of Education finally traveled a handful of miles down the road from the Supreme Court and arrived in Prince George’s County, Maryland. I was reminded of that as I listened to the latest episode of Connect the Dots, CPR’s podcast hosted by Rob Verchick, on the Juliana v. United States case

Karen Sokol | January 28, 2020

Despite Recent Setbacks, Juliana and Other Climate Suits Deserve their Day in Court

On January 17, a panel of the Ninth Circuit Court of Appeals issued a much-awaited decision dismissing Juliana v. United States, a climate case that gained more traction in the courts than anyone had expected, given, as U.S. District Court Judge Ann Aiken stated in her opinion denying the motions to dismiss in the case, it was "no ordinary lawsuit."

Joel A. Mintz | January 27, 2020

Climate Chaos and the Courts: Disappointment (Despite Some Encouragement) in Juliana v. United States

From time to time, a judicial decision from a federal court has the potential to have a profound impact on American society and government policy. Such a case is Juliana v. United States, in which a group of 21 young people, together with an environmental organization and "a representative of future generations," brought suit against numerous federal agencies and officials seeking a judicially mandated plan to phase out fossil fuel emissions and a drawdown of excess atmospheric carbon.

Victor Flatt | January 15, 2020

CPR Member Scholar Flatt Launches Important Discussion on Legal Ethics and Climate

It's not just wildfires in Australia or our rapidly warming oceans (to the tune of five Hiroshima bombs every second). Climate change affects every aspect of our world, and it's forcing us reevaluate all of the human institutions we've built up over years, decades, and centuries. One such institution that CPR Member Scholar Victor Flatt has begun investigating is the legal profession itself.

Daniel Farber | January 13, 2020

Misunderstanding the Law of Causation

Last week's NEPA proposal bars agencies from considering many of the harms their actions will produce, such as climate change. These restrictions profoundly misunderstand the nature of environmental problems and are based on the flimsiest of legal foundations.

Daniel Farber | January 10, 2020

Pride Goeth Before a Fall

The White House just released its proposed revisions to the rules about environmental impact statements. The White House Council on Environmental Quality (CEQ) simply does not have the kind of power that it is trying to arrogate to itself. Its proposal is marked by hubris about the government's ability to control how the courts apply the law.

Daniel Farber | January 6, 2020

A Continent on Fire Ignores Climate Change

Australia is remarkably exposed to climate change and remarkably unwilling to do much about it. Conditions keep getting worse. Yet climate policy in Australia has been treading water or backpedaling for years.

Daniel Farber | December 23, 2019

The Decade in Review: Like many humans, the Twenty-First Century’s teenage years were stormy

Like many humans, the Twenty-First Century’s teenage years were stormy.

Dave Owen | December 18, 2019

Exxon’s $75 Million Methane Leak

This morning E&E News reported that researchers from the Netherlands and Environmental Defense had quantified a massive natural gas leak at an Exxon-subsidiary-owned well in Ohio. According to the study, the well leaked around 60,000 tons of methane. That made me wonder: what might the carbon tax bill for a leak like that be? The answer, of course, is $0.