Energy & Environment Practice Group

A Shy Frog, the Administrative State, and Judicial Review of Agency Decision-Making: A Preview of Weyerhaeuser v. United States Fish & Wildlife Service

Mark Miller

Federalist Society Review, Volume 19

 Note from the Editor:  This article previews one of the first cases of the Supreme...

Is Public Nuisance Doctrine Becoming an Exception to the Rule of Law?

Donald J. Kochan

The U.S. Supreme Court has a Chance to Decide

Is there a growing trend of cases attempting to create a backdoor to traditional standards...

Oil States v. Greene's: The Decision [SCOTUSbrief]

Adam Mossoff

Short video featuring Adam Mossoff

In April 2018, the Supreme Court issued its decision in the case, Oil States Energy...

Another Court Rules Against Regulation-by-Litigation in Climate Change Public Nuisance Lawsuits

Donald J. Kochan

On July 19, the U.S. District Court for the Southern District of New York dismissed...

N. District of California: Elected Branches of Government Are the Proper Channels for Addressing Climate Change

Andrew R. Varcoe

In a trenchant Los Angeles Times opinion piece, Chapman University law professor and constitutional law expert Donald Kochan assesses...