Category Archives: Environmental Law

Opinion Update: Environmental Litigation and Statutes of Limitation

In two recent decisions, the Court has delved into procedural issues with significant impact on the course of actual litigation. In  Artis v. District of Columbia, the issue was what happens to the statute of limitations for state law claims when a plaintiff brings both those claims and federal claims in federal court, but the … Continue reading Opinion Update: Environmental Litigation and Statutes of Limitation

Should states sue polluters under state common law?

Neil Katyal, former Acting Solicitor General, won a unanimous decision in a major climate case in the 2010 Term. But some states continue to sue polluters under their public nuisance laws. Katyal–now a partner at Hogan Lovells LLC–said: “I have to try really hard to come up with a lawsuit that’s less appropriate for the … Continue reading Should states sue polluters under state common law?