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- As opposed to common law tort actions. After briefly summarizing the case (1)
- Conveys the Court’s preference to confine climate change litigation to agency- and regulatory-focused actions (1)
- However (1)
- In American Electric Power Co. v. Connecticut (AEP) (1)
- Suggesting that state-based claims such as public nuisance could play some part in future climate change litigation. The opinion (1)
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- The U.S. Supreme Court held that “the Clean Air Act and the EPA actions it authorizes displace any federal common law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants (1)
- This Comment considers the implications of that preference with regard to the “climate vulnerable”-populations that are disproportionately impacted by the effects of climate change-with a focus on Florida. (1)
- ” foreclosing the use of federal common law rights of action in climate change litigation. The Court left unanswered the question of whether the Clean Air Act also displaces state common law tort actions (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Preserving Legal Avenues For Climate Justice In Florida Post-American Electric Power, Allison Fishman
Preserving Legal Avenues For Climate Justice In Florida Post-American Electric Power, Allison Fishman
Florida Law Review
No abstract provided.
Adapting Laws For A Changing World: A Systemic Approach To Climate Change Adaptation, Victor B. Flatt
Adapting Laws For A Changing World: A Systemic Approach To Climate Change Adaptation, Victor B. Flatt
Florida Law Review
This Essay suggests that policy responses in climate change adaptation must be addressed and that focusing on adapting laws may be a good way to undertake this work. Following a review of existing scholarship and normative theories concerning law generally, environmental law, climate change, and adaptation, this Essay then proposes a template for approaching the adaptation of laws. This template would (1) examine where climate change puts pressure on the operation of laws; (2) seek to alter the implementation of that law or to alter the law itself to hew closely to the law’s original purposes; and (3) make these …
Critical Habitat And The Challenge Of Regulating Small Harms, Dave Owen
Critical Habitat And The Challenge Of Regulating Small Harms, Dave Owen
Florida Law Review
This Article investigates how the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are implementing the Endangered Species Act’s prohibition on “adverse modification” of “critical habitat.” That prohibition appears to be one of environmental law’s most ambitious mandates, but its actual meaning and effect are contested. Using a database of over 4,000 “biological opinions,” interviews with agency staff, and a review of judicial decisions considering the adverse modification prohibition, this Article assesses the extent to which the Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are relying on the adverse modification …
Balancing Compassion And Risk In Climate Adaptation: U.S. Water, Drought, And Agricultural Law, Robert W. Adler
Balancing Compassion And Risk In Climate Adaptation: U.S. Water, Drought, And Agricultural Law, Robert W. Adler
Florida Law Review
It is inevitable that the world will experience a significant amount of global warming before efforts to mitigate the buildup of greenhouse gases (GHGs) in the atmosphere can even begin to succeed. Therefore, adaptation to climate change impacts, as well as mitigation, will be necessary to deal with climate disruption. In designing climate change adaptation efforts, a looming issue is how to balance the need and compassionate impulse to provide financial and other relief to victims of climate disruption impacts with the equally compelling need to reduce the overall risk of those impacts. U.S. water, drought, and agricultural law and …
Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff
Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff
Florida Law Review
Local food, local work, local energy production-all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world’s global environmental problems. This Article maintains, however, that some forms of localism are actually expressions, appropriate ones, of a planetary environmental consciousness. This Article’s centerpiece is an in-depth evaluation of local climate action initiatives, including interviews with participants, as well as other data and observations about their ethics, attitudes, behaviors, and motivations. The values and identities being forged in these initiatives form the basis for timely conceptions …
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J.B. Ruhl
An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J.B. Ruhl
Florida Law Review
With the demise of climate legislation in Congress, and the Supreme Court’s rejection of climate-related lawsuits brought under federal common law, rapt attention has turned to the Environmental Protection Agency’s (EPA) efforts to bring greenhouse gases into the regulatory fold. Certainly, as the works in this special issue of the Florida Law Review demonstrate, EPA is not the only important player in the climate arena; indeed, as I will reluctantly suggest, the Agency’s efforts here appear to be waning rather than waxing. Even so, before turning to other aspects of the problem of climate change, discussed in other works in …
Introduction: Climate Change At Epa, Lisa Heinzerling
Introduction: Climate Change At Epa, Lisa Heinzerling
Florida Law Review
With the demise of climate legislation in Congress, and the Supreme Court’s rejection of climate-related lawsuits brought under federal common law, rapt attention has turned to the Environmental Protection Agency’s (EPA) efforts to bring greenhouse gases into the regulatory fold. Certainly, as the works in this special issue of the Florida Law Review demonstrate, EPA is not the only important player in the climate arena; indeed, as I will reluctantly suggest, the Agency’s efforts here appear to be waning rather than waxing. Even so, before turning to other aspects of the problem of climate change, discussed in other works in …