Document Type

Brief

Publication Date

2021

Disciplines

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

Center/Program

Sabin Center for Climate Change Law

Abstract

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.

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