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Aep V. Connecticut And The Future Of The Political Question Doctrine, James R. May
Aep V. Connecticut And The Future Of The Political Question Doctrine, James R. May
James R. May
No abstract provided.
Supreme Court Decides That Clean Air Act Displaces Federal Common Law Claims For Climate Change, James R. May
Supreme Court Decides That Clean Air Act Displaces Federal Common Law Claims For Climate Change, James R. May
James R. May
No abstract provided.
Climate Change, Constitutional Consignment, And The Political Question Doctrine, James R. May
Climate Change, Constitutional Consignment, And The Political Question Doctrine, James R. May
James R. May
Recently states and individuals have turned to federal common law causes of action to provide equitable and legal relief for climate change. Thus far, every federal court to consider these claims has held that they raise non-justiciable political questions consigned to the coordinate branches. These courts reason that federal courts lack jurisdiction over climate cases because climate change is textually committed elsewhere, there are no judicial standards to apply, and the elected branches have yet to render an initial policy determination about the subject. This article concludes that these courts either misapply or misapprehend the doctrine. It concedes that federal …
Of Happy Incidents, Climate, Federalism, And Preemption, James R. May
Of Happy Incidents, Climate, Federalism, And Preemption, James R. May
James R. May
This Article examines the shape of things to come in the overlapping realm of federalism and preemption. It questions whether and to what extent notions of federalism shape how federal law - or the absence of it - preempts states from taking measures to address climate change. A burgeoning body of legal scholarship mulls whether federal law ought to preempt state action. There is yet relatively spare legal scholarship on preemption reflecting recent developments in the courts and at EPA. Part One explains how federalism principles have shaped responses to climate change. It observes how allowing states to take steps …