Preemption
Court Dismisses Trump Administration Effort to Block Michigan Climate Lawsuit
The Department of Justice failed to demonstrate that the court had jurisdiction to hear the (premature) claims.
A Second Round with William Barr on Litigation Over Interstate Pollution
Whatever the merits of climate tort suits (or lack thereof), the argument they are preempted does not hold up.
Solicitor General Urges Review of FIFRA Preemption
The Department of Justice sides with Monsanto on whether federal law preempts state-law duty-to-warn suits against pesticide manufacturers, setting up an important test of the Court's view of federal preemption.
Placing Climate Tort Litigation in Context (Updated)
Using tort law for environmental protection has a deeper historical pedigree than does resort to administrative regulation.
William Barr Discovers the Economics of Tort Law (and Misrepresents the Law Governing Interstate Pollution)
Another reply to the former attorney general on climate litigation that may end up in the Supreme Court.
Fourth Circuit Rejects Claim that West Virginia Abortion Law Is Preempted
A mifepristone manufacturer is unsuccessful in evading West Virginia's prohibition on abortion, even when performed by medication.
Supreme Court Denies Certiorari in Climate Tort Suits
The justices are not persuaded to intervene in state-law climate litigation.
Are State Law Climate Change Tort Suits Preempted by Federal Law?
A recent panel discussion on whether state and local suits against fossil fuel producers are preempted by federal law (and my arguments for why the answer is "no, they are not").
Supreme Court Takes a Pass on Minnesota Climate Change Case
Only one justice indicated any interest in premature consideration of state-law climate change lawsuits.
William Barr Responds on American Petroleum Institute v. Minnesota
The former Attorney General disagrees with me on whether state and local government climate change lawsuits belong in federal court.
D.C. Circuit Rejects Oil Company Attempt to Remove District's Climate Suit to Federal Court
Yet another federal circuit court of appeals rejects energy company removal claims.
Is Climate Change Going Back to the Supreme Court? (Minnesota Edition) [UPDATED]
The justices are considering whether to grant certiorari in Minnesota's lawsuit against energy companies.
Can New York City Ban the Sale of Foie Gras?
New York City and New York state are locked in a battle over sale of the fatty liver delicacy.
The New York Times Thinks Preempting Local Control Is Bad—When Republicans Do It
The paper's editorial board is happy to endorse the centralization of decision making when it supports their liberal policy preferences.
Ninth Circuit Rules Berkeley Gas Hookup Ban Is Preempted
A local California ordinance prohibiting natural gas hookups in new construction conflicts with federal law according to a federal appellate court.
Oil Companies Fail to Convince the Eighth Circuit Climate Cases Should Be Removed to Federal Court (Updated)
The Eighth Circuit joins the First, Third, Fourth, Ninth, and Tenth in rejecting the arguments for removal, but Judge David Stras writes an interesting concurrence.
Third Circuit Rejects Oil Company Efforts to Remove Climate Claims to Federal Court
Five Circuits have considered, and rejected, fossil fuel efforts to get state-law tort and nuisance claims removed to federal court. Will their luck change in the Supreme Court?
The Next Abortion Battlegrounds
The Supreme Court may have overturned Roe v. Wade, but it has not ended legal battles over abortion.
Why State Common Law Nuisance Claims Against Fossil Fuel Companies Are Not Preempted
Nuisance claims may not be a particularly effective way to address the problem of climate change, but federal law does not preempt state common law nuisance claims seeking compensatory damages.
