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Preemption

Abortion

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.

Jonathan H. Adler |The Volokh Conspiracy | 7.15.2025 3:28 PM

Supreme Court

Supreme Court Denies Certiorari in Climate Tort Suits

The justices are not persuaded to intervene in state-law climate litigation.

Jonathan H. Adler |The Volokh Conspiracy | 1.13.2025 10:52 AM

Climate Change

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").

Jonathan H. Adler |The Volokh Conspiracy | 5.3.2024 12:46 PM

Supreme Court

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.

Jonathan H. Adler |The Volokh Conspiracy | 1.8.2024 11:20 AM

Climate Change

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.

Jonathan H. Adler |The Volokh Conspiracy | 12.26.2023 5:17 PM

Climate Change

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.

Jonathan H. Adler |The Volokh Conspiracy | 12.19.2023 2:11 PM

Supreme Court

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.

Jonathan H. Adler |The Volokh Conspiracy | 12.11.2023 4:51 PM

2749981372_139a1cfd1d_k | "foie gras" by stu_spivack is licensed under CC BY-SA 2.0. To view a copy of this license, visit https://creativecommons.org/licenses/by-sa/2.0/?ref=openverse.

Food

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.

Jonathan H. Adler |The Volokh Conspiracy | 8.28.2023 9:22 AM

Texas state house | Jiawangkun/Dreamstime.com

Local Government

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.

Christian Britschgi | 6.5.2023 2:05 PM

Energy & Environment

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.

Jonathan H. Adler |The Volokh Conspiracy | 4.18.2023 5:46 PM

Climate Change

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.

Jonathan H. Adler |The Volokh Conspiracy | 3.25.2023 11:05 AM

Climate Change

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?

Jonathan H. Adler |The Volokh Conspiracy | 8.17.2022 4:05 PM

Abortion

The Next Abortion Battlegrounds

The Supreme Court may have overturned Roe v. Wade, but it has not ended legal battles over abortion.

Jonathan H. Adler |The Volokh Conspiracy | 6.27.2022 10:11 AM

Climate Change

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.

Jonathan H. Adler |The Volokh Conspiracy | 10.27.2021 10:24 AM

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