A $289 Million Dollar Roundup Verdict is at Risk of Reversal

Last week, a San Francisco judge issued a tentative ruling on the defendant Monsanto Company’s Motion for Judgment Notwithstanding the Verdict, and their Motion for a New Trial.  This ruling threatens to gut the $289 million dollar verdict ($39M compensatory and $250M punitives) that the plaintiff Dewayne Johnson secured this summer over the company that manufactures Roundup and Ranger Pro, the glyphosate-containing herbicides used by the plaintiff in his work as a school district groundskeeper and that were alleged to have
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Federal Government Again Seeks Stay of Climate Change Suit Filed by Minors

The federal government has again sought a stay in the climate change lawsuit filed by 21 minors, known as the Juliana case. The lawsuit was filed in 2015 against President Obama and numerous federal agencies, claiming that the executive branch contributed to climate change in violation of the children’s rights under the Fifth and Ninth Amendments to the Constitution and an asserted federal public-trust doctrine. The children are seeking a declaration from the U.S.D.C. for the District Court of Oregon
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Nuclear NY: “ZEC” Subsidies Permitted by Second Circuit

On September 27, 2018, the Second Circuit Court of Appeals upheld the District Court’s ruling in Coalition for Competitive Elec., et al. v. Zibelman, et al., and determined that New York State’s ZEC program is neither field nor conflict preempted. No. 17-2654, 2018 WL 4622696 (2nd Cir. Sept. 27, 2018). Moreover, the court found that the plaintiffs lacked Article III standing to raise a dormant Commerce Clause claim. In August 2016, the New York Public Service Commission (PSC) adopted the
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Sub-National Efforts to Tackle Greenhouse Gas Emissions Take up the Slack

Given the Trump Administration’s position on climate change, one could easily become discouraged that any meaningful progress can be made in reaching the Nationally Determined Contribution (NDC) set for the United States under the 2015 Paris Agreement to stabilize greenhouse gas (GHG) emissions and to keep anthropogenic warming to below 2°C. Under the Paris Agreement, the United States is tasked with reducing its GHG emissions by 26-28 percent below its 2005 emissions by 2025. Such pessimism might not be completely warranted, however, despite the Trump Administration’s notice that the United States is pulling out of the Paris Agreement.
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