Tag

Federal Preemption

All articles tagged with #federal preemption

legal-and-energy4 days ago•8 min saved

Supreme Court Divided on Climate Liability as Alito Recusal Threatens 4-4 Deadlock

The Supreme Court heard oral arguments in Suncor v. Boulder, a pivotal case determining if federal law preempts state climate lawsuits against fossil fuel companies. With Justice Alito recused, a 4-4 split could leave the lower court’s ruling intact without setting national precedent. Justices signaled deep divisions, with liberals seeking procedural exits and conservatives emphasizing federal preemption, potentially impacting dozens of similar suits nationwide.

via Fox News|

#climate-litigation #energy-policy #federal-preemption

law-and-policy5 days ago•4 min saved

Supreme Court Weighs Fate of Climate Liability Lawsuits in Boulder vs. Oil Giants

The US Supreme Court heard arguments on October 5 in Suncor Energy v. Boulder County, a pivotal case determining whether federal law preempts state-level climate damages lawsuits against ExxonMobil and Suncor. Boulder seeks billions in compensation for climate-related harms, alleging the companies concealed knowledge of fossil fuel impacts. While the court’s direction remains unclear, experts suggest the justices struggled to find a clear legal basis for the industry’s preemption arguments. A ruling is expected next summer, with potential implications for dozens of similar cases nationwide.

via The Guardian|

#boulder-county #climate-litigation #federal-preemption

law-and-politics7 days ago•4 min saved

Supreme Court to Hear Landmark Climate Liability Case as Alito Recusal Threatens 4-4 Split

The Supreme Court will hear oral arguments on October 5 in Suncor Energy v. Boulder, a pivotal case determining whether federal law preempts state-level climate damages claims against ExxonMobil and Suncor. The City and County of Boulder seek billions in damages for climate-related harms, alleging the companies misled the public. Justice Samuel Alito’s recusal creates a risk of a 4-4 split, which would uphold the lower court’s decision without setting a national precedent. The outcome could impact dozens of similar lawsuits across the US.

via CNN|

#climate-change-litigation #federal-preemption #justice-samuel-alito

environment1 month ago•5 min saved

Court knocks down NY climate 'superfund' law, casting doubt on NJ bill

A federal judge struck down New York’s climate 'superfund' law that would have charged fossil fuel companies up to $75 billion over 25 years for climate resilience projects, ruling it preempted by federal law (Clean Air Act/Foreign Affairs Doctrine). The decision raises questions about a similar New Jersey bill that had gained momentum, with opponents warning it could face the same legal hurdles, while supporters argue New Jersey’s different circuit stance may allow it to survive. The ruling comes as Ida’s anniversary underscores the push for funding to protect against future storms.

via Gothamist|

#climate-policy #climate-resilience-funding #environment

climate-and-environment1 month ago•7 min saved

Judge Allows Santa Barbara Offshore Oil Restart With Federal Oversight Shift

A federal judge ruled that Sable Offshore Corp. can continue pumping oil along Santa Barbara County’s coast under a Trump-era Defense Production Act order, transferring regulatory authority from California to federal agencies and fining the company about $1.5 million for violating a restart consent decree. California officials plan to appeal, and experts say the ruling could set a precedent for federal preemption of state environmental laws in energy projects.

via Los Angeles Times|

#california-environmental-law #climate-and-environment #defense-production-act

politics2 months ago•1 min saved

Twin Cities win as judge tosses Trump administration's sanctuary-city lawsuits

A U.S. District Judge dismissed the Trump administration's lawsuits against Minneapolis, St. Paul, Hennepin County, Minnesota, and state officials over sanctuary-city policies, ruling that federal preemption claims failed to show the federal government commands or bans actions and that the policies regulate state and local officials' duties rather than federal actors; the judge also found the administration's challenge to Ellison's advisory on jail holds implausible.

via MPR News|

#federal-preemption #immigration-policy #minnesota

politics7 months ago•2 min saved

DOJ Sues California Over State EV Rules Citing Federal Preemption

The DOJ, on behalf of NHTSA, filed suit to stop California’s EV mileage mandate, arguing it’s preempted by federal law and would force nationwide production changes, part of a broader effort to roll back state fuel-economy policies and protect consumers from higher costs.

via Department of Justice (.gov)|

#cafe-standards #california #doj-lawsuit

law7 months ago•3 min saved

High court to decide fate of Boulder climate liability against oil majors

The Supreme Court will hear Boulder’s climate-liability suit against ExxonMobil and Suncor, marking the first high‑court review of local climate accountability cases. A ruling for the oil companies could preempt state claims and void similar suits, while a decision in Boulder’s favor would bolster climate-liability litigation nationwide. The Court’s ruling will hinge on federal preemption and jurisdiction, with recent EPA rollbacks potentially complicating the legal landscape.

via The Guardian|

#boulder-colorado #climate-accountability #federal-preemption