Most climate-related litigation in the Trump era supports protections
- Ben Geman, author of Axios Generate
Federal courts have not yet upheld any Trump administration efforts to delay or unwind climate regulations, a new analysis from Columbia University's Sabin Center on Climate Change Law shows.
Why it matters: Courts are a key policy venue at a time when legislation is frozen, Trump is rolling back Obama-era rules, and advocates are pushing for consideration of greenhouses gases to be woven into various federal decisions.
The big picture: The analysis, which updates an early 2018 study, looks at 129 cases in this busy area.
- Far more cases in federal courts support climate-related protections and policies than oppose them.
- EPA and the Interior Department were by far the most frequently sued federal agencies.
The intrigue: Lawsuits defending Obama-era policies are just a relatively small share of total climate cases.
- Instead, many backing protections address trends that pre-date Trump, such as lawsuits pushing agencies to consider emissions when conducting reviews under the National Environmental Policy Act (NEPA).
"They also indicate new developments, such as a surge of municipalities suing fossil fuel companies for damages related to their GHG emissions under different tort law claims and a suite of Freedom of Information Act (FOIA) lawsuits seeking transparency from the Trump Administration."— writes the Sabin Center's Dena P. Adler
What's next: Several big Trump initiatives will be litigated in coming years, including looming regulations to weaken Obama-era auto mileage rules.