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Reports
A Role for State Attorneys General in a Just Transition
Updated June 21, 2024
This report considers how state attorneys general (AGs) can help ensure that the shift to renewable energy supports communities and leads to good climate jobs. The report provides insight into the role of AGs, highlights recent AG enforcement of workers’ rights and environmental protection, and offers additional ideas for what state attorneys general can do in relation to a just transition. -
Articles
Major Questions Doctrine May Not Be What Administrative Foes Seek
“In the Courts” Column: Regardless of what happens with the Chevron cases in the Supreme Court this term, both undecided at press time, the related Major Questions Doctrine will continue to be a weapon of choice against administrative actions implementing environmental laws. But will those challenges succeed?
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Articles
Securities Law Tackles Impact of a Changing Climate on Bottom Line
“In the Courts” Column: With its recent climate risk rule, the Securities and Exchange Commission has begun to create a regime where investors will receive reliable disclosures about climate problems that they can compare across companies. The rule faces suits, but SEC is on solid ground with focus on material risks.
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Blog
Six More Weeks of...Smog? The Court’s Shadow Docket Takes on a Case About Ozone
This Groundhog Day, there’s another shadow (docket) you need to keep your eye on. In a few weeks, the Supreme Court will consider a case about EPA’s recent rule regarding air pollution that crosses state borders. The impact of the new Court and its decision to hear oral argument on the shadow docket are both interesting features to watch in this case.
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Articles
The Court Takes Up Cross-State Air Again—but on Shadow Docket
“In the Courts” Column: The Supreme Court recently heard an argument in a case about EPA’s recent rule regarding air pollution that crosses state borders. Since the Court heard a similar case in the past decade, it will be interesting to see if the new lineup leads to a different result or whether the Court will stick to its own precedent.
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Blog
Beware of the Plastics...and of the Companies Creating the Problem
What do you think when you see trash in the river or on the side of the road? Do you think: I wish someone would clean that up? Now, New York State is working to give folks a new way to look at that trash.
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Articles
A Scorecard on the Cases Seeking to Stop Atlantic Offshore Wind
“In the Courts” Column: Huge offshore wind turbines will be going up soon on the Eastern Seaboard. These projects will help provide electricity to areas
of high demand while also enabling a move away from fossil fuel-fired generation. Several courts have issued decisions about such projects this year, helping to illustrate the legal thicket that these projects must navigate. -
Articles
A Do-Nothing Rule in the Court Threatens Much Agency Regulation
“In the Courts” Column: There aren’t many environmental disputes on the Supreme Court’s docket this term. But in one case the Court has granted certiorari on the question of whether it should overrule Chevron v. NRDC, one of the most important precedents in all of law.
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Articles
Green Amendments: Lessons From Hawai'i, New York, and Montana
“In the Courts” Column: Green amendments are sprouting up in state constitutions around the country and are starting to be tested in court. These provisions generally guarantee a right to a clean and healthy environment and, if recent cases are any indication, they may have teeth.
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Articles
The High Court’s Environmental Docket Continues to Make Waves
“In the Courts” Column: The Supreme Court decided two cases in May that will have profound implications for environmental protection around the country, Sackett v. EPA and National Pork Producers Council v. Ross.
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Articles
Not an Afterthought: Remedies Receiving Their Day in Court
“In the Courts” Column: There is news in the world of remedies for agencies that violate the law. These developments could have repercussions for any incoming president seeking to roll back the prior administration’s policies, as well as implication for parties seeking to avert environmental harms.
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Articles
In a Threat to State Priorities, a Broadside Against Standing
“In the Courts” Column: A pair of cases are pending in the Supreme Court that may stretch or upend standing and administrative law doctrine, with dramatic impacts on environmental protection.
Insights by Bethany Davis Noll (Executive Director)
Bethany Davis Noll is an expert in administrative and environmental law and an experienced litigator. She is an adjunct professor at NYU Law and former co-chair of the Environmental Law Committee of the New York City Bar Association.