The real reason the Trump administration is constantly losing in court

This story documents what we discussed in class Tuesday about the EPA and other agencies rushing things and not doing their legal homework.

The Fight to Tame a Swelling River With Dams That May Be Outmatched by Climate Change

Missouri River Master Manual


We are going to do cases by teams. What we do not finish we will hold over until next week.

American Electric Power Company, Inc. v. Connecticut, 131 S.Ct. 2527, 180 L.Ed.2d 435 (2011) – Study Guide

Team 1 – this sets up the preemption argument that all climate change lawsuits based on suing oil companies will have to answer.

Comer v. Murphy Oil USA, Inc., 839 F. Supp. 2d 849 (S.D. Miss. 2012) aff’d, 718 F.3d 460 (5th Cir. 2013) –  read the case and the recusal story. (Comer v. Murphy Oil USA, 607 F.3d 1049 (5th Cir. 2010) – recusal order)

Team 2 – this is a fun local case. The recusal story is amazing. You are not responsible for the recusal order – I just found it.

Native Vill. of Kivalina v. ExxonMobil Corp., 696 F.3d 849 (9th Cir. 2012)

Team 3 – the majority opinion

Team 4 – the concurrence


Background on Alaskan Villages


A Wrenching Choice for Alaska Towns in the Path of Climate Change

Alaskan Village, Citing Climate Change, Seeks Disaster Relief In Order To Relocate

The Village That Will Be Swept Away