Setzer, Joana, and Rebecca Byrnes. “Global trends in climate change litigation: 2019 snapshot.” (2019). Headline issues • Climate change litigation continues to expand across jurisdictions as a tool to strengthen climate action, though more evidence of its impact is needed.…
Tag: Litigation
Judge Dismisses New York City Climate Lawsuit Against Oil Industry
City of New York v. BP Plc , S.D.N.Y., No. 1:18-cv-182, 7/19/18 .
The Children’s Climate Case – Juliana v. United States
Court Documents Juliana v. United States, No. 6:15-CV-01517-TC – First Amended Complaint Juliana v. United States, No. 6:15-CV-01517-TC – Federal Defendants First Motion to Dismiss Juliana v. United States, No. 6:15-CV-01517-TC, 2016 WL 6661146 (D. Or. Nov. 10, 2016) –…
Judge dismisses City of Oakland climate case based on nuisance – 2018
From the Opinion: It may seem peculiar that an earlier order refused to remand this action to state court on the ground that plaintiffs’ claims were necessarily governed by federal law, while the current order concludes that federal common law…
Federal Circuit Rejects Court of Claims finding that MRGO Caused a Taking by Flooding
(Post under revision) Draft article discussing the St. Bernard case: A Radical Proposal: Does St. Bernard Par. Gov’t v. United States allow the Federal Government to Step Away from Flood Protection and Create Wild Seashores and Wild Rivers? This case arose…
Ownership of Submerged Lands in Louisiana
INVENTORY OF STATE LANDS OFFICE OF STATE LANDS DIVISION OF ADMINISTRATION (2018) The state does not have clear title to an estimated 286,467 acres of water bottoms, as private parties also claim ownership of these lands. These “dualclaimed” water bottoms…
Louisiana Attorney General Sues the Corps over Intracoastal Canal
Louisiana v. United States – Complaint in Intracoastal Canal Litigation Louisiana Attorney General Jeff Landry discussion lawsuit and explaining that climate change is a hoax and that sea level is rising. – Facebook video on the AG Facebook page. The AG…
Louisiana Canals and Their Influence on Wetland Development – 1973
Davis, Donald Wayne, “Louisiana Canals and Their Influence on Wetland Development.” (1973). LSU Historical Dissertations and Theses. 2386. http://digitalcommons.lsu.edu/gradschool_disstheses/2386 Coastal Louisiana, according to recent measurements, has 4,572 miles of canals. This network can be divided into five types; drainage and…
California Communities Confronting Rising Sea Levels Sue Fossil Fuel Companies
Breaking News! Oakland and San Francisco climate cases removed to federal court and held there. People of the State of California v. BP P.L.C. et al., San Francisco Superior Court Case No. CGC 17-561370 People of the State of California v.…
NEPA Lawsuit Argues that Immigrants to the US Increase Climate Change
This lawsuit by an anti-immigration group alleges that since Americans have among the highest carbon footprints, allowing immigrants into the US will increase GHG emissions and climate change. This means that immigration has environmental impacts and thus immigration policy changes…
Climate Change Litigation Databases
Climate Change Litigation Databases About: This website provides two databases of climate change litigation, one for U.S. climate change litigation and one for non-U.S. cases.
Who has to pay for the MRGO Closure and Wetlands Restoration?
Most Corps of Engineers wetlands projects require the state or other non-federal sponsor to pay for part of the cost. This is both a cost-sharing measure and a measure to make sure that the state really needs the project –…
US Law School Environmental and Energy Programs
URS – The Direct Impact of the Mississippi River Gulf Outlet on Hurricane Storm Surge
This post has materials that explain why the MRGO did not increase the flooding of New Orleans during Hurricane Katrina.
Hurricane Katrina 10 years later: Resources
Images of Hurricane Katrina Damage Litigation related to Hurricane Katrina General Information
Louisiana SB 469 – Killing the Coastal Erosion Lawsuit
Morial v. Smith & Wesson Corp., 785 So. 2d 1 (LA 2001) This case reviews the LA law that retroactively stopped LA cities from suing gun manufacturers. It is a good discussion of the state police power and the state’s…
General NEPA Resources
White House Guidance Guidance on the Applicability of E.O. 13807 to States with NEPA Assignment Authority Under the Surface Transportation Project Delivery Program (2019) Statutes and Regulations The National Environmental Policy Act of 1969, as amended Council on Environmental Quality(CEQ)…
Breaking The Golden Rule: Judicial Review of Federal Water Project Planning
Oliver A. Houck, Breaking The Golden Rule: Judicial Review of Federal Water Project Planning, 65 Rutgers Law Review 1-57 (2012) From the Abstract The U.S. Army Corps of Engineers is one of the oldest institutions of the federal government, and…
Draft EPA Rule on the Waters of the United States
Draft EPA Rule on the Waters of the United States – reduced size PDF (23 megs) Draft EPA Rule on the Waters of the United States – original PDF (129 megs) Supporting document on the connectivity of the waters of the United…
Louisiana Levee Board Coastal Erosion Law Suit
The legal documents The Original State Court Petition Law Professor’s Brief on Louisiana Public Trust Doctrine Notice of Removal Motion to Remand Plaintiff’s Memorandum in Support of Motion to Remand Order blocking removal from federal court back to state court.…
CRS – Flood Damage Related to Army Corps of Engineers Projects
CRS – Flood Damage Related to Army Corps of Engineers Projects: Selected Legal Issues, June 7, 2011 (RL34131) Summary Over the past century, the federal government has undertaken a number of civil works projects to prevent widespread damage from flooding…
5th Circuit Upholds Ruling in Katrina Levee Breaches Litigation – Update – Case rejected
Update: Court dismisses Katrina Levee Breach cases under FTCA – In re Katrina Canal Breaches Litigation, 696 F.3d 436 (5th Cir.(La.) 2012) Additional cases and commentary The 5th Circuit just affirmed the lower court decision in the Katrina Levee Breaches Litigation.…