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Full-Text Articles in Law
What Litigation Of A Climate Nuisance Suit Might Look Like, Michael B. Gerrard
What Litigation Of A Climate Nuisance Suit Might Look Like, Michael B. Gerrard
Faculty Scholarship
In American Electric Power Co. v. Connecticut (AEP), the Supreme Court explicitly left ajar the door to litigation under state (as opposed to federal) common law for greenhouse gas (GHG) emissions. Some plaintiffs' lawyers are also arguing that the decision leaves room for seeking money damages (rather than injunctive relief) even in a federal common law case.
For purposes of this Article, let's imagine a world in which the courthouse doors are swung open to common law claims for damages for GHG emissions, and the courts have rejected all defenses based on displacement, preemption, political question, and standing. In …
Dc Circuit Clears Path For Ghg Rules, But Politics Remain, Michael B. Gerrard
Dc Circuit Clears Path For Ghg Rules, But Politics Remain, Michael B. Gerrard
Faculty Scholarship
What may have been the most important environmental decision of 2012 dismissed numerous challenges to the rules issued by the U.S. Environmental Protection Agency (EPA) to control emissions of greenhouse gases (GHGs). While further legal battles are looming, the most serious remaining threats to EPA's program are in the political sphere.
This article describes the ruling in Coalition for Responsible Regulation v. EPA, forecasts EPA's next moves, and describes the battles still ahead for EPA.