Preemption
Solicitor General Urges Review of FIFRA Preemption
Earlier this year the Supreme Court called for the views of the Solicitor General on whether it should grant certiorari in Monsanto v. Durnell, which presents the question whether the Federal Insecticide, Fungicide, and…
Placing Climate Tort Litigation in Context
Environmental law did not begin with enactment of the National Environmental Policy Act (NEPA) in 1969. Nor did it begin when Massachusetts adopted the first state wetland protection statute in 1963 or California adopted the…
William Barr Discovers the Economics of Tort Law (and Misrepresents the Law Governing Interstate Pollution)
Last week, former Attorney General William P. Barr wrote an op-ed for the Wall Street Journal purporting to expose a nefarious effort to impose a carbon tax through tort litigation. His op-ed is part of a broad effort to…
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