On Monday, the Supreme Court denied Kivalina’s cert petition. Recall that this was a global warming nuisance tort action, brought by an Alaskan town against several large energy companes. The town argued that, under federal common law, the companies had … Continue reading
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
As I mentioned in an earlier post, the DC Circuit’s opinion today upholding the polar bear listing relies mainly on the principle of deference to administrative decision-making that is at the so-called “frontiers of science.” But I think it also … Continue reading
Earlier today, in In re: Polar Bear Endangered Species Act Listing & Section 4(d) Rule Litigation, a three-judge panel of the DC Circuit Court of Appeals upheld the United States Fish and Widlife Service’s decision to list the polar bear as a threatened … Continue reading
Last week, the Ninth Circuit Court of Appeals affirmed the dismissal of the Native Village of Kivalina’s tort damages claim against a large collection of the country’s major energy producers. (PLF submitted an amicus brief in support of the defendants). … Continue reading
Another busy week for Pacific Legal Foundation! Property Rights – Wayne Hage In 1989 rancher and author Wayne Hage began his book Storm Over Rangelands with these words describing his research into the assault on the ranching community by the … Continue reading
A federal court in D.C. just threw out a case in which extreme environmentalists tried to force the United States to take immediate steps to curb carbon dioxide emissions to permanently reverse global warming. Fearing the federal government would not adequately … Continue reading