Preemption

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