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A newly published paper from the Sabin Center for Climate Change Law looks carefully at the 82 legal battles over climate change that got underway during President Trump's first year. Roughly 75% seek to uphold or advance climate policies.

Expand chart
Adapted from Adler, "U.S. Climate Change Litigation In the Age of Trump: Year One"; Note: Lawsuits studied are from 2017; Chart: Axios Visuals

Why it matters: The courts are an important battleground for climate policy, in part because unwinding or freezing a predecessor's policies often requires careful bureaucratic and legal spadework that provides opponents with avenues for litigation.

State of play: Columbia Law School fellow Dena P. Adler explored 82 cases, most of which were filed last year, while a few were prior cases that "pivoted" in response to Trump's deregulatory push. The study breaks down the cases in numerous ways, including a look at the different policy areas the cases address (see chart above).

One level deeper:

  • Overall, nearly three-fourths are what she calls "pro" cases — that is, plaintiffs are seeking to advance or uphold climate policies and safeguards. The balance are "con" cases that she says are designed to "undermine climate protection or support climate policy deregulation."
  • 28% were about integrating climate considerations into environmental reviews and permitting; 17% were aimed at defending Obama administration policies and decisions; 15% were about promoting "transparency and scientific integrity" under Trump; and 13% are aimed at "advancing or enforcing" additional protections.
  • Non-governmental organizations brought over half the cases analyzed, including the bulk of the "pro" lawsuits.
  • The Interior Department and Environmental Protection Agency were the most frequent defendants, together accounting for 35 cases.
  • Of 14 cases directly defending Obama-era policies and decisions, 6 of those focused on delays of policy were able to reach some form of resolution.

What's next: "Though courts have issued a few decisions and litigation has pressured agencies to publish some outstanding rules, the 'stickiness' of these outcomes remains uncertain. Neither of these results preclude an agency from subsequently rolling back the policies at issue through the rulemaking process," she writes.

Go deeper

52 mins ago - Health

Government website for free COVID tests launches early

COVID-19 rapid at-home test kits. Photo: Mario Tama/Getty Images

The website where Americans can request free, at-home rapid COVID-19 tests from the government launched Tuesday and is now accepting orders.

Driving the news: The website went live in its beta phase and is operating at a limited capacity a day before its official launch. Every home in the U.S. is eligible for up to four COVID tests, according to the website.

AT&T, Verizon extend 5G delay over airline panic

Illustration: Brendan Lynch/Axios

AT&T and Verizon said Tuesday they would delay lighting up its 5G signals near a limited number of airports after renewed opposition from the aviation industry over concerns about signal interference.

Why it matters: The CEOs of leading airlines warned of catastrophic disruption to flights if AT&T and Verizon deployed 5G as planned this week.

Updated 2 hours ago - World

Ukraine crisis: Blinken to visit Kyiv, then meet Russian foreign minister

Photo: Russian Foreign Ministry/Handout/Anadolu Agency via Getty Images

Secretary of State Antony Blinken will meet with Russian Foreign Minister Sergey Lavrov in Geneva on Friday, following a trip to Kyiv to reinforce U.S. support for Ukraine in the face of a possible Russian invasion, according to a senior U.S. official.

Why it matters: The meeting with Lavrov suggests a diplomatic resolution to the crisis may still be on the table, despite the collapse of security talks between Russia and the West last week.