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Environmental & Energy,
9th U.S. Circuit Court of Appeals

Jan. 27, 2020

Can courts help avoid an environmental apocalypse?

On Jan. 20, the 9th Circuit found that a “substantial evidentiary record [that] documents that the federal government has long promoted fossil fuel use despite knowing that it can cause catastrophic climate change, and that failure to change existing policy may hasten an environmental apocalypse.”

Erin Daly

Professor
Delaware Law School

Helen Kang

Professor
Golden Gate University School of Law

James R. May

Professor
Delaware Law School

On Jan. 20, in Juliana v. U.S., the 9th U.S. Circuit Court of Appeals found that a "substantial evidentiary record documents that the federal government has long promoted fossil fuel use despite knowing that it can cause catastrophic climate change, and that failure to change existing policy may hasten an environmental apocalypse." 2020 DJDAR 315. Nonetheless, in a 2-1 deci...

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