Zeal of climate change activists collides with the First Amendment

Several state attorneys general have announced their intention to begin investigations of ExxonMobil.  They contend that the energy company may have violated state unfair business practice laws during the 1980s and 1990s by trying to mislead the public about the … Continue reading

Washington court rejects environmentalist show trial, but with a scary opinion

It has come to this … using children as a stalking horse for a radical eco-technocratic agenda. Last year, a couple of well-heeled environmentalist organizations filed a petition, purportedly on behalf of eight school-age children, asking the court to force … Continue reading

D.C. Circuit deflates environmentalists’ attempt to create a “public trust” in the air

Last week, the D.C. Circuit issued a short unpublished decision in Alec L. v. EPA, beating back a strange attempt to assert a “public trust” in the air. As previously noted, the case was part of a concerted effort by … Continue reading

President’s weekly report — June 6, 2014

Environment — No trust in the air The D.C. Circuit issued this short unpublished per curiam decision in Alec L. v EPA, beating back a strange attempt to assert a “public trust” in the air.  This case seems to have been brought more … Continue reading

Cert sought in global warming nuisance case

In Native Village of Kivalina v. ExxonMobil Corp., the Ninth Circuit held that the Clean Air Act displaces any otherwise existing federal law of public nuisance.  (PLF filed an amicus brief supporting the energy companies).  Consequently, the court’s ruling eliminates … Continue reading