Supreme Court decisions bode well for global warming-related preemption cases
In the tricky legal world of “preemption” — the principle that federal law “preempts,” or trumps, state law — two recent Supreme Court decisions bode well for ongoing, seemingly unrelated global...
View ArticleSupreme Court justices say the darnedest things
During the widely-watched Supreme Court re-argument Wednesday morning of Citizens United v. Federal Election Coalition – a case that challenges the constitutionality of over a century of campaign...
View ArticleIf you can’t say something helpful, don’t say anything at all
Cross-posted from Warming Law. The Washington Post has been editorializing in favor of congressional action to address climate change for more than a decade, but an editorial Monday makes us wonder if...
View ArticleWhy the Second Circuit “nuisance” case brings good news, and bad (part 1)
Cross-posted from Warming Law. Coverage and analysis is slowly trickling in of the landmark ruling [pdf] handed down by the U.S. Court of Appeals for the Second Circuit late yesterday, in which a...
View ArticleWhy the Second Circuit ‘nuisance’ case brings good news, and bad (part II)
Cross-posted from Warming Law. In an earlier post, we explored the background, context, and historical significance of the Second Circuit decision handed down late Monday in Connecticut v. AEP, in...
View ArticleA victory for Katrina victims; a defeat for Alaskan villagers
Cross-posted from Warming Law. A federal appeals court has reversed the dismissal of a lawsuit brought by victims of Hurricane Katrina seeking damages related to global warming, while a federal...
View ArticleClimate success in 2009 should inspire the new year
Co-written by Doug Kendall, founder and president of the Constitutional Accountability Center. For good reason, many climate activists view 2009 as a disappointing year, filled with bad news coverage...
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Can federal courts help tackle global warming?
If Congress and the president fail to tackle global warming, can courts step in? Can federal judges allow people struggling with the losses of global warming to sue polluters directly? The idea may at...
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