The Biden Administration is undertaking numerous actions to reduce greenhouse gas emissions and transition away from fossil fuels as part of the fight against climate change. Many of these actions are likely to be challenged in court. This paper describes the various legal theories that are likely to be used in these challenges, assesses their prospects of success given the current composition of the Supreme Court, and suggests ways to minimize the risks.
Administrative Law | Courts | Energy and Utilities Law | Environmental Law | Law | Natural Resources Law | Oil, Gas, and Mineral Law | President/Executive Department | Supreme Court of the United States
Sabin Center for Climate Change Law
Michael B. Gerrard,
Presidential Progress on Climate Change: Will the Courts Interfere With What Needs to Be Done to Save Our Planet?,
American Constitution Society Issue Brief
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2740
Administrative Law Commons, Courts Commons, Energy and Utilities Law Commons, Environmental Law Commons, Natural Resources Law Commons, Oil, Gas, and Mineral Law Commons, President/Executive Department Commons, Supreme Court of the United States Commons