The Essential Role of State Courts in Addressing Climate Harms

by Karen Sokol | November 21, 2019

This post was originally published by Expert Forum, a blog of the American Constitution Society. Reprinted with permission.

In her opening statement on the second day of the House public impeachment hearings, former Ambassador to Ukraine Marie Yovanovitch recounted how President Trump and his personal lawyer Rudolph Giuliani undermined the State Department's ability to "promote stated U.S. policy against corruption." "If our chief [diplomatic] representative is kneecapped," she said, "it limits our effectiveness to safeguard the vital national security interests of the United States. These events should concern everyone in this room."

Although this particular instance of the Trump administration's "kneecapping" of a civil servant who had dedicated her life to safeguarding us may be the most high-profile to date, it is unfortunately one among many. In fact, many of the other civil servants kneecapped by the administration were attempting to implement the environmental and public health protections that are statutorily assigned to their agencies in the face of the greatest national security threat we have ever faced; namely, the climate crisis.

Such alarming presidential abuses of power bring into sharp relief the importance of other governmental centers of power in our constitutional system, particularly Congress and the federal judiciary. When it comes to the climate crisis, however, the states have thus far been the most important bulwarks against the administration's systematic hobbling of our basic security. When Trump announced his ...

On California, Climate Justice, and the Crucial Role of State Courts

by David Flores | November 12, 2019
As Californians endure yet another round of devastating wildfires, they are rightly wondering if blazes of such frequency and reach are the new normal. The hard truth is that they may very well be. The fingerprints of climate change are all over this disaster, as they have been all over recent hurricane damage, and the trendline is unmistakable. With that in mind, a new report from the Center for Progressive Reform takes a look at the situation in the Golden ...

A Meditation on Juliana v. United States

by Lisa Heinzerling | June 17, 2019
In a recent essay posted to SSRN, I try to see, and to appreciate, the wisdom in a species of climate litigation that has many detractors. This litigation asks the courts to hold the government and private parties judicially accountable for their active promotion and pursuit of climate-endangering activities, even after they knew better – even after they knew the terrible risks we faced if they continued on their preferred course. It calls upon venerable legal doctrines, deployed as modern ...

What's Wrong with Juliana (and What's Right?)

by Daniel Farber | January 22, 2019
Originally published on Legal Planet. Juliana v. United States, often called the "children's case," is an imaginative effort to make the federal government responsible for its role in promoting the production and use of fossil fuels and its failure to control carbon emissions. The plaintiffs ask the court to "declare [that] the United States' current environmental policy infringes their fundamental rights, direct the agencies to conduct a consumption-based inventory of United States CO2 emissions," and use that inventory to "prepare and ...

What Do Farmers Actually Get from the New WOTUS Rule?

Owen | Jan 23, 2020 | Environmental Policy

EPA Staff Clap Back at Trump with Workers' Bill of Rights

Verchick | Jan 22, 2020 | Workers' Rights

Trump Is Trying to Cripple the Environment and Democracy

Camacho | Jan 21, 2020 | Regulatory Policy

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