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Environmental Law

2008

Constitutional law

Articles 1 - 2 of 2

Full-Text Articles in Law

Constitutional Climate Change In The Courts, James R. May Jan 2008

Constitutional Climate Change In The Courts, James R. May

James R. May

We have entered an interesting constitutional era, one in which a rising sea level will help to buoy a rising tide of climate litigation, the leading edge of which lies constitutional jurisprudence as applied to the political question doctrine, preemption, dormant commerce and compact clauses and standing. In 2007 most of it involves either state action (e.g., to regulate greenhouse gas emissions from new motor vehicles or require climate friendly energy production), or state causes of action (e.g., public or private nuisance). In 2007, the trend was toward dismissing climate-tort cases as presenting political questions. Notably, in Mass. v. EPA, …


Constitutional Law: 2008 Annual Report, James R. May Dec 2007

Constitutional Law: 2008 Annual Report, James R. May

James R. May

No abstract provided.