This is a climate case based on public nuisance and misrepresentation. Defendants removed to federal court under the federal officer statute and the Circuit sent it back. Defendants appealed to the USSC, which accepted cert. and rule that when the…
Tag: Court Cases
Qualified Immunity from Constitutional Torts
Cleveland v. Bell , 5th Cir., No. 18-30968, 9/13/19 Prison nurse who ignored the deceased prisoner’s requests for medical care found to have qualified immunity from a 1983 claim. She did not show conscious indifference to his plight because she…
Vermont Environmentalists File FTC Challenge over “Double-Counting” RECs
Represented by Patrick A. Parenteau and Douglas A. Ruley of the Vermont Law School’s Environmental and Natural Resources Law Clinic, four Vermont residents have petitioned the FTC to investigate alleged misleading marketing practices by Green Mountain Power regarding their provision…
Supreme Court rejects federal common law claims over green house gasses
American Elec. Power Co., Inc. v. Connecticut, 131 S.Ct. 2527 (2011) – Supreme Court rejects common law claims against green house gas emitters as preempted by federal regulatory law. State nusiance claims were not brief by the parties and were remanded…
Blowing the Mississippi Levee – 2011
This post reviews the ongoing legal issues in the blowing of the levee at Birds Point. While the levee has not been blown since 1937, this was also litigated in 1984.