Loper Bright and Preemption
Yesterday, the Supreme Court heard oral argument in Monsanto Co. v. Durnell. The facts of this case are likely not of concern to most constitutional law scholars, but the dispute is of serious concern to the business…
Tag: Preemption
7 key takeaways from Trump’s new AI policy framework
Only weeks after designating Anthropic a supply chain risk, the Trump administration is returning to a pro-AI stance with Friday's release of the National AI Legislative Framework. The framework, which was commissioned…
Previewing Suncor Energy v. Boulder County
Earlier today I participated in a Federalist Society Forum on the major climate change case on the docket for OT 2026: Suncor Energy v. Boulder County, a case I previewed here. Joining me in the discussion were West Virginia…
Eighth Circuit Judge on State Enforcement of Immigration Law
Access to legal immigration, which allowed my grandparents to settle here following World War II, has been a lasting gift for my family. The welcome mat we offer to those who come here legally, however, means little if…
Court Dismisses Trump Administration Effort to Block Michigan Climate Lawsuit
The Trump Administration has taken a hard line against state climate policies, particularly efforts by states and localities to impose liability on fossil fuel companies for their role in increasing atmospheric levels of…
A Second Round with William Barr on Litigation Over Interstate Pollution
After I responded with a letter to the editor to William Barr's Wall Street Journal op-ed arguing that state-law-based tort suits against fossil fuel companies seeking redress for climate-related harms are preempted,…
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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