Colorado Supreme Court Blesses Climate Case
Climate litigation remains a hot topic (pun intended). This post briefly summarizes an important recent decision from the Colorado Supreme Court. [Disclosure: I have filed amicus briefs in other climate change litigation arguing that those cases do not interfere with the foreign relations of the United States.] As readers of TLB will know, a common…
Continue ReadingClimate Change Decision Points to the World’s Courts
Earlier this year, the Supreme Court of Hawaii issued a major decision about climate change. The case related to a request that the state Public Utilities Commission (PUC) approve a biomass power plant that purportedly would have had negative environmental effects. The PUC denied approval and the Supreme Court affirmed, announcing that the state constitution’s…
Continue ReadingDon’t Forget About State Courts
Transnational litigation in the United States is often thought of as a matter for the federal courts. While it is true that many transnational cases end up in federal courts, state courts routinely hear transnational cases too. Scholars have started to catch on, with recent papers studying state courts’ approaches to the presumption against extraterritoriality,…
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