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A manhunt is underway after a deadly stabbing on a Manhattan subway platform during Friday morning's rush hour. Meanwhile, the Manhattan district attorney's office is urging more survivors to come forward after a finance attorney was indicted on more than 100 counts of sexual assault. Also, Catholic churches across New York City are holding Masses Friday night to honor the late Pope Francis, whose funeral is Saturday. Plus, as we wrap up coverage of Earth Week, we examine New York's progress and setbacks on its ambitious climate goals with Columbia University's Michael Gerrard.
The Trump administration may shift legal strategy in its bid to kill congestion pricing after accidentally uploading a letter suggesting current arguments are weak. Meanwhile, in New Jersey, a teen has been charged with setting a wildfire that's burned at least 15,000 acres in Ocean County. Also, the NYC Council is preparing to vote on bills aimed at limiting tourist helicopters following a deadly crash in the Hudson River. Plus, climate law expert Michael Gerrard joins us for Earth Week to discuss how New York State is progressing in its ambitious climate goals.
A recent legal judgment could force Greenpeace to pay $667 million in defamation and vandalism-related damages, from the 2016 protests against the Dakota Access Pipeline leading environmentalists to worry that the ruling could have a chilling effect on climate activism. Michael Gerrard, professor of law at Columbia Law School and the founder and faculty director of the Sabin Center for Climate Change Law, shares his legal analysis of the case, and what it could mean for the environment.
The 20th episode in this series focuses on “The Rise of Climate Litigation,” featuring Michael Gerrard, Professor, Founder, and Faculty Director of the Sabin Center for Climate Change Law, in conversation with William F. Tarantino, partner in the Climate Change and Environmental Litigation + Regulatory practices at MoFo.
* Voters Overwhelmingly Oppose Trump-GOP Plan to Slash $880 Billion from Medicaid Healthcare; Alex Lawson, Executive Director of Social Security Works; Producer: Scott Harris. * Civil Resistance Strategies and Tactics to Effectively Resist the Trump-Musk Coup; Maria J. Stephan, Co-Lead and Chief Organizer with the Horizons Project; Producer: Scott Harris. * As NYC's Congestion Pricing Program Generates Funds for Mass Transit, Trump Wants it Shut Down; Michael Gerrard, Director of the Sabin Center for Climate Change law at Columbia Law School; Producer: Melinda Tuhus.
New York City's economy has been growing but that could change with Republicans in control of the House, Senate and White House. Plus, a judge in New Jersey ruled that 26 towns have to comply with the Garden State's affordable housing requirements. Also, WNYC's Sean Carlson talks with environmental lawyer Michael Gerrard about a new law that will charge fossil fuel companies fees to help New York fight the effects of climate change. And finally, WNYC's Samantha Max shares some walking tips for New Yorkers who are in a rush and visitors who are blissfully blocking the sidewalk.
Nov. 15, 2024 - After initially blocking the implementation of congestion pricing in New York City this summer, Gov. Kathy Hochul is proposing a scaled back tolling system to take effect in early January. We discuss the potential legal and administrative hurdles to realizing this latest iteration of congestion pricing in Manhattan with Michael Gerrard, a Columbia Law School professor and proponent of congestion pricing.
In this final episode of the Global Climate Change and U.S. Law series, editor Michael Gerrard will talk with Tracy Hester, Instructional Professor of Law at University of Houston Law Center, and Peter Lehner, Managing Attorney for Earthjustice's Sustainable Food & Farming Program, about engineered methods that remove the pollution before it goes out a smokestack, or that draw it down from the atmosphere; and changed farming methods to reduce agricultural emissions and absorb carbon in plants and soil. This episode will be focused on Part 5, "The Next Legal Frontiers," of "Global Climate Change and U.S. Law 3rd Edition." Get your copy of Global Climate Change and U.S. Law, Third Edition here: Global Climate Change and U.S. Law, Third Edition (americanbar.org)
In this Convo of Flanigan's Eco-Logic, Ted speaks with Professor Michael Gerrard from Columbia University. He is the founder and faculty director of the groundbreaking Sabin Center for Climate Change Law, and one of the foremost environmental lawyers in the nation. Michael is an advocate, litigator, teacher, and scholar who has pioneered cutting-edge legal tools and strategies for addressing climate change. He writes and teaches courses on environmental law, climate change law, and energy regulation. He was the chair of the faculty of Columbia University's renowned Earth Institute from 2015 to 2018 and now holds a joint appointment to the faculty of its successor, the Columbia Climate School.He and Ted discuss his background, growing up in Charleston, West Virginia in an immensely polluted area, which led to his interest in studying and protecting the environment. He moved to New York City to attend Columbia University, and has been there ever since. He started his career in journalism, later deciding to become an environmental lawyer, and then shifted to writing books and entered the world of academia. Before joining the Columbia Law School faculty in 2009, Michael practiced law in New York for three decades, most recently as the partner in charge of the New York office of Arnold & Porter. As an environmental lawyer, he tried numerous cases and argued many appeals in federal and state courts and administrative tribunals. He also handled the environmental aspects of diverse transactions and development projects and provided regulatory compliance advice to an array of clients in the private and public sectors. Several publications rated him the leading environmental lawyer in New York and one of the leaders in the world.He has also written or edited 14 books, including Global Climate Change and U.S. Law, the first and leading work in its field (co-edited with Jody Freeman and Michael Burger), and Legal Pathways to Deep Decarbonization in the United States (co-edited with John Dernbach). His 12-volume Environmental Law Practice Guide and four-volume Brownfields Law and Practice each received the Association of American Publishers' Best Law Book of the Year award.He highlights some of his most impressionable career cases, and shares that he is currently leading a legal effort to sue the Governor for New York, Kathy Hochul, for indefinitely pausing the rollout of congestion pricing in New York City. He also shares with Ted his work with the government of the Republic of the Marshall Islands on the legal issues caused by rising sea levels that threaten the island nation.
On This Week's Edition: Catch this week's show on your local PBS member station, or watch on YouTube, Facebook, or using the free PBS app anytime after Friday. A podcast version is available wherever you normally get podcasts. On This Week's Edition: Elected officials in New York and around the country are reeling from the assassination attempt of former President Donald Trump. We discuss the possibility of legal challenges to Gov. Kathy Hochul's indefinite pause on the congestion pricing plan in New York City with Michael Gerrard, of Columbia Law School. Assembly Member Pamela Hunter (D-Onondaga) joins us to unpack her bill meant to implement state regulation on pet insurance.
On June 28, 2024, the U.S. Supreme Court overturned a 40-year precedent established in the landmark 1984 case, Chevron v. Natural Resources Defense Council. The precedent, commonly referred to as the “Chevron Doctrine,” gave federal agencies considerable discretion to interpret laws passed by Congress when implementing regulations and policy. But with the court's new ruling, federal agencies no longer have the final say on how laws are interpreted. Instead, the judiciary will hold that power. So, how will the new ruling impact energy policy and environmental regulation? What are both proponents and opponents saying about the court's decision? And what does this mean more broadly for the modern administrative state? This week host Bill Loveless talks with Michael Gerrard and Jeff Holmstead about the implications of the Supreme Court's decision to overturn the Chevron Doctrine. Michael is the founder and faculty director of Columbia's Sabin Center for Climate Change Law. From 2012 to 2018, he was the chair of the faculty of Columbia University's Earth Institute. Before joining Columbia in 2009, Michael practiced environmental law in New York for three decades. Jeff is a partner and co-chair of the Environmental Strategies Group at Bracewell LLP. From 2001 to 2005, he served as the assistant administrator for air and radiation in the U.S. Environmental Protection Agency.
This Day in Legal History: Constitutional Convention AssemblesOn May 14, 1787, a pivotal moment unfolded in American history as delegates from each state began to gather in Philadelphia for what would be known as the Constitutional Convention. This assembly was critical in shaping the nation's future, aimed at addressing the deficiencies of the Articles of Confederation—the loose framework that initially bound the states together after independence.As the delegates arrived, the stakes were incredibly high. The existing government structure under the Articles was proving inadequate in managing various critical issues, such as interstate disputes and financial instability. The Philadelphia meeting was convened to create a more robust federal government while ensuring that individual liberties were not infringed upon.Notably, every state except Rhode Island sent representatives to the Convention. Among the attendees were some of the most distinguished figures of the era, including George Washington, who was unanimously elected as the president of the convention, and James Madison, now considered the "Father of the Constitution" due to his pivotal role in drafting the document.The convention sessions were held in strict secrecy, a decision made to foster open debate and prevent external influences. The result of the intense deliberations, which continued until September 17, was the creation of a new Constitution. This document established a stronger federal government with separate executive, legislative, and judicial branches, fundamentally changing the direction of the United States.The ratification process that followed was another intense debate, reflective of the diverse viewpoints within the states about the balance of power between state and federal authorities. The Federalist Papers, written by Alexander Hamilton, James Madison, and John Jay, played a crucial role in persuading the public and state legislatures to adopt the new Constitution.Today, the Constitution remains a living document, central to American law and governance, illustrating the enduring legacy of the decisions made during those historic months in Philadelphia. The events of May 14, 1787, mark not just the beginning of the Constitutional Convention but also the starting point of a constitutional democracy that would influence governance structures worldwide.Perkins Coie, a Seattle-founded law firm, is expanding its global footprint by launching a new office in London. The London office will be led by Ian Bagshaw, former co-head of White & Case's global private equity practice, who joined Perkins Coie after leaving Big Law to chair a startup. Joining him are three other former White & Case lawyers, including Jan Andrusko, who will serve as the European head of M&A for Perkins Coie.The London office aims to tap into the local and European markets for venture capital, private equity, and startups, leveraging the firm's established tech-sector expertise in the U.S. Perkins Coie plans to offer a comprehensive range of services through this single European hub, focusing on privacy, technology transactions, and M&A, without pursuing a network of offices across Europe.This strategic move marks Perkins Coie's first establishment outside of the U.S. and Asia. In 2021, the firm ranked 43rd largest in the U.S. by revenue, with earnings of $1.2 billion. The London office will initially feature a corporate group but may expand to include intellectual property and litigation services to provide a more rounded offering to tech-focused corporate clients.Ian Bagshaw, along with partners Jan Stejskal, Craig Fagan, and Barry O'Driscoll, and senior counsel Jan Jakoubek, are part of the founding team. They bring significant experience in private equity, cross-border M&A, and corporate law, aiming to recreate the startup culture prevalent in the U.S. within the European context. Bagshaw highlighted the startup-like environment of the new office and his motivation to build a new business with a clear strategic direction as key factors in his move to Perkins Coie.The focus on privacy and technology transactions in the new office is significant. These areas are crucial in the tech sector, involving the handling of sensitive data and the execution of tech-related deals, which are key growth areas in European legal markets. This strategic choice underlines Perkins Coie's intent to leverage their U.S. strengths in a new market, reflecting broader trends in global law practice where specialization aligns with industry needs.Perkins Coie Launches London Office, Eyeing Start-Up Tech MarketJury selection for U.S. Senator Robert Menendez's corruption trial resumed on May 14, 2024, in Manhattan federal court, with charges stemming from an alleged bribery scheme involving foreign governments. Menendez, a New Jersey Democrat, has denied wrongdoing, pleading not guilty to 16 charges, including bribery, fraud, acting as a foreign agent, and obstruction. The trial also involves two New Jersey businessmen, Wael Hana and Fred Daibes, and Menendez's wife, Nadine, who will be tried separately due to medical reasons.The accusations detail that Senator Menendez accepted substantial bribes, including cash, gold bars, and a luxury car, in return for political favors to the governments of Egypt and Qatar. The FBI discovered much of the cash hidden at the Menendezes' home. Menendez allegedly facilitated arms deals for Egypt and attempted to secure a monopoly for Hana on halal meat certifications to Egypt. He is also charged with attempting to influence a Qatari investment fund on behalf of Daibes and interfering in a criminal case against him.Despite the severity of these charges, Menendez has not resigned but has stepped down from his role as the leader of the Senate Foreign Relations Committee. His previous legal troubles in 2017, involving a wealthy Florida ophthalmologist, ended in a mistrial. As the current trial unfolds, Menendez faces significant public disapproval in New Jersey, complicating any potential reelection efforts. His wife's trial is scheduled for July 8, where health concerns will play a central role, and Menendez might shift blame to her as part of his defense strategy.Jury selection to resume in US Senator Menendez's corruption trial | ReutersThe Delaware Supreme Court is set to hear an appeal concerning a substantial attorney fee award in a lawsuit involving Dell Technologies Inc. and a $1 billion stockholder settlement over a stock conversion, which was allegedly coerced by Michael Dell and Silver Lake LLC in 2018. This case, which is notable for its rare nine-figure fee award, reflects a broader discussion in Delaware about how much plaintiffs' attorneys should be compensated in significant legal settlements.In this particular case, attorneys who facilitated the historic settlement were awarded $267 million, which represents the second-highest fee ever awarded in the state's Chancery Court history. This award is currently being challenged by Pentwater Capital Management LP, which argues that the 27% fee is excessively generous and constitutes a windfall.The appeal comes at a time when Delaware's courts are also considering other large fee requests, including two involving Tesla Inc., where one case seeks a $230 million fee for a settlement concerning board compensation, and another involves an investor challenging CEO Elon Musk's pay package.The Delaware courts have historically used a multi-factor test to determine the fairness of legal fees, which considers the complexity of the case, the attorneys' skill and experience, and the risk of contingency. The debate over these fees has even drawn input from law professors, with some advocating for a declining-percentage method used in federal courts, which reduces the percentage fee as the settlement amount increases.This ongoing legal debate highlights the evolving challenges and considerations in determining reasonable compensation for legal services in major corporate litigation, especially in a state known for its significant corporate law cases.Dell Fee Request at Delaware High Court Could Impact Tesla SuitsThe legal battle involving 21 young plaintiffs in a significant U.S. climate lawsuit has reached a precarious point following a recent decision by the U.S. Court of Appeals for the Ninth Circuit. The court granted a February request from the Justice Department to dismiss the case, known as Juliana v. US, directing Judge Ann Aiken of the U.S. District Court for the District of Oregon to terminate it. This lawsuit, aiming for government accountability on climate action, has seen setbacks before, including a 2020 dismissal where the plaintiffs' demands for more aggressive government intervention against global warming were deemed beyond judicial capability to grant.The plaintiffs, represented by Our Children's Trust, are now considering limited options, such as requesting a full panel rehearing at the Ninth Circuit or potentially escalating the matter to the U.S. Supreme Court. However, legal experts, including Michael Gerrard of Columbia University's Sabin Center for Climate Change Law, caution against the latter due to the Supreme Court's current composition, which may not be favorable towards climate-related cases.The recent ruling underscores judicial hesitancy to engage in what is seen as policy-making—a realm typically reserved for the legislative branch. Despite this, the plaintiffs' lawyer, Julia Olson, argues that a court declaration recognizing the unconstitutional nature of current government practices could be transformative, similar to past court interventions that advanced justice and equality. Yet, the feasibility of such outcomes appears increasingly doubtful under prevailing legal standards and judicial perspectives.With these challenges, some suggest that initiating a new lawsuit with updated claims might offer a more straightforward route, given the ongoing and emerging government failures in addressing climate change since the initial 2015 filing. This strategy could potentially bypass previous legal obstacles, presenting fresh grounds for legal arguments based on more recent developments in climate policy and its failures.Youth Climate Lawsuit Faces Dire Path After Ninth Circuit RulingJack Teixeira, a 22-year-old member of the Massachusetts Air National Guard, is facing further legal challenges after already pleading guilty to serious national security breaches involving the leak of classified documents. Teixeira, who had been arrested in April 2023, admitted to charges related to leaking sensitive information on military operations, including details about the war in Ukraine, under a deal with the U.S. Department of Justice that proposed a minimum of 11 years in prison. Despite this civilian court case, the Air Force has opted to pursue additional military charges against him, which could lead to another 10 and a half years in prison if he is convicted.These military charges include obstructing justice and failing to obey a lawful order, with a hearing set to take place at Hanscom Air Force Base in Massachusetts to assess whether the evidence is substantial enough to proceed to a court-martial. Teixeira, who worked as a cyber defense operations journeyman with top-secret security clearance, reportedly shared classified information on various international issues through a messaging app, impacting U.S. and global security interests. His sentencing for the civilian charges is scheduled for September 27.Pentagon leaker Jack Teixeira faces US military justice hearing | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
I follow podcast guest Maya Van Rossum on her work on constitutional amendments protecting a clean environment. You may have heard of the legal victory in Montana, Held versus Montana, earlier this year (yay!), Montana being one of the three states with such an amendment.Maya appeared on a panel, Securing Climate Justice Through Green Amendments: The Held v. Montana Victory, that discussed that case. The more I learn, the more I realize that however impossible it may sound, we can't solve our environmental problems for good without amending the Constitution.On the panel with her was Michael Gerrard, professor at Columbia Law School, one of America's foremost environmental laws. In today's conversation we talk about the possibilities about a constitutional amendment banning unsustainability. Mark my words: we will make one happen. If you're like I was, you'll think of how impossible it sounds for a dozen reasons. How could it pass? How could it be enforced? How would we define sustainable? Would we return to the Stone Age. But the more you think about it, the more essential it will sound, which may take months of consideration, or did with me.Listen to learn more on constitutional law and the environment from a top practitioner and teacher.The panel Michael appeared on with Maya: Securing Climate Justice Through Green Amendments: The Held v. Montana Victory Hosted on Acast. See acast.com/privacy for more information.
Original Air Date: November 2, 2023 The latest episode in the Road to COP 28 series brings the second half of our latest panel, chaired by Allison Agsten. Allison is once again joined by Stephan Crawford, Stanley Chan (Chen Qiufan), Anne de Carbuccia, Michael Gerrard, Ana Teresa Fernandez, Benjamin Von Wong, and Gernot Wagner. Join as the panel shares ways everyone can be an activist and why it's not too late to make a difference. This material is distributed by TRG Advisory Services, LLC on behalf of the Embassy of the United Arab Emirates in the U.S.. Additional information is available at the Department of Justice, Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices
Original Air Date: November 2, 2023 The latest episode in the Road to COP 28 series brings the second half of our latest panel, chaired by Allison Agsten. Allison is once again joined by Stephan Crawford, Stanley Chan (Chen Qiufan), Anne de Carbuccia, Michael Gerrard, Ana Teresa Fernandez, Benjamin Von Wong, and Gernot Wagner. Join as the panel shares ways everyone can be an activist and why it's not too late to make a difference. This material is distributed by TRG Advisory Services, LLC on behalf of the Embassy of the United Arab Emirates in the U.S.. Additional information is available at the Department of Justice, Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices
Original Air Date: October 26, 2023 The newest entry in the Road to COP 28 series brings an all-new panel of experts, chaired by Allison Agsten, Director of USC Annenberg's Center for Climate Journalism and Communication and Curator at the Wrigley Institute for Environment and Sustainability. Allison is joined by Stephan Crawford, Stanley Chan (Chen Qiufan), Anne de Carbuccia, Michael Gerrard, Ana Teresa Fernandez, Benjamin Von Wong, and Gernot Wagner. Don't miss their conversation about the role that artists and activists play in the fight against climate change and the ways everyone can do their part to create a more green future. This material is distributed by TRG Advisory Services, LLC on behalf of the Embassy of the United Arab Emirates in the U.S.. Additional information is available at the Department of Justice, Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices
Original Air Date: October 26, 2023 The newest entry in the Road to COP 28 series brings an all-new panel of experts, chaired by Allison Agsten, Director of USC Annenberg's Center for Climate Journalism and Communication and Curator at the Wrigley Institute for Environment and Sustainability. Allison is joined by Stephan Crawford, Stanley Chan (Chen Qiufan), Anne de Carbuccia, Michael Gerrard, Ana Teresa Fernandez, Benjamin Von Wong, and Gernot Wagner. Don't miss their conversation about the role that artists and activists play in the fight against climate change and the ways everyone can do their part to create a more green future. This material is distributed by TRG Advisory Services, LLC on behalf of the Embassy of the United Arab Emirates in the U.S.. Additional information is available at the Department of Justice, Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices
The latest episode in the Road to COP 28 series brings the second half of our latest panel, chaired by Allison Agsten. Allison is once again joined by Stephan Crawford, Stanley Chan (Chen Qiufan), Anne de Carbuccia, Michael Gerrard, Ana Teresa Fernandez, Benjamin Von Wong, and Gernot Wagner. Join as the panel shares ways everyone can be an activist and why it's not too late to make a difference. This material is distributed by TRG Advisory Services, LLC on behalf of the Embassy of the United Arab Emirates in the U.S.. Additional information is available at the Department of Justice, Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices
The latest episode in the Road to COP 28 series brings the second half of our latest panel, chaired by Allison Agsten. Allison is once again joined by Stephan Crawford, Stanley Chan (Chen Qiufan), Anne de Carbuccia, Michael Gerrard, Ana Teresa Fernandez, Benjamin Von Wong, and Gernot Wagner. Join as the panel shares ways everyone can be an activist and why it's not too late to make a difference. This material is distributed by TRG Advisory Services, LLC on behalf of the Embassy of the United Arab Emirates in the U.S.. Additional information is available at the Department of Justice, Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices
The latest episode in the Road to COP 28 series brings the second half of our latest panel, chaired by Allison Agsten. Allison is once again joined by Stephan Crawford, Stanley Chan (Chen Qiufan), Anne de Carbuccia, Michael Gerrard, Ana Teresa Fernandez, Benjamin Von Wong, and Gernot Wagner. Join as the panel shares ways everyone can be an activist and why it's not too late to make a difference. This material is distributed by TRG Advisory Services, LLC on behalf of the Embassy of the United Arab Emirates in the U.S.. Additional information is available at the Department of Justice, Washington, DC.
The newest entry in the Road to COP 28 series brings an all-new panel of experts, chaired by Allison Agsten, Director of USC Annenberg's Center for Climate Journalism and Communication and Curator at the Wrigley Institute for Environment and Sustainability. Allison is joined by Stephan Crawford, Stanley Chan (Chen Qiufan), Anne de Carbuccia, Michael Gerrard, Ana Teresa Fernandez, Benjamin Von Wong, and Gernot Wagner. Don't miss their conversation about the role that artists and activists play in the fight against climate change and the ways everyone can do their part to create a more green future. Fill out the DSR Listener Survey here: https://bit.ly/dsrsurvey2023 This material is distributed by TRG Advisory Services, LLC on behalf of the Embassy of the United Arab Emirates in the U.S.. Additional information is available at the Department of Justice, Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices
The newest entry in the Road to COP 28 series brings an all-new panel of experts, chaired by Allison Agsten, Director of USC Annenberg's Center for Climate Journalism and Communication and Curator at the Wrigley Institute for Environment and Sustainability. Allison is joined by Stephan Crawford, Stanley Chan (Chen Qiufan), Anne de Carbuccia, Michael Gerrard, Ana Teresa Fernandez, Benjamin Von Wong, and Gernot Wagner. Don't miss their conversation about the role that artists and activists play in the fight against climate change and the ways everyone can do their part to create a more green future. Fill out the DSR Listener Survey here: https://bit.ly/dsrsurvey2023 This material is distributed by TRG Advisory Services, LLC on behalf of the Embassy of the United Arab Emirates in the U.S.. Additional information is available at the Department of Justice, Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices
The newest entry in the Road to COP 28 series brings an all-new panel of experts, chaired by Allison Agsten, Director of USC Annenberg's Center for Climate Journalism and Communication and Curator at the Wrigley Institute for Environment and Sustainability. Allison is joined by Stephan Crawford, Stanley Chan (Chen Qiufan), Anne de Carbuccia, Michael Gerrard, Ana Teresa Fernandez, Benjamin Von Wong, and Gernot Wagner. Don't miss their conversation about the role that artists and activists play in the fight against climate change and the ways everyone can do their part to create a more green future. Fill out the DSR Listener Survey here: https://bit.ly/dsrsurvey2023 This material is distributed by TRG Advisory Services, LLC on behalf of the Embassy of the United Arab Emirates in the U.S.. Additional information is available at the Department of Justice, Washington, DC.
Around the world, activists are turning to the courts to hold major polluters accountable for climate change. This recently played out in the United States. Young plaintiffs in Montana successfully presented scientific evidence that connects the states' greenhouse gas emissions to environmental harm. Many legal experts say the case, Montana v. Held, is another major development for climate litigation. Other cases playing out across the globe show the courts could be a way to reduce CO2 emissions in the private sector. So, what are some of the other major legal cases aimed at fighting climate change? And how could they impact the push to reduce global emissions? This week, host Bill Loveless talks with Michael Gerrard about current trends in global climate change litigation, including the expanding range of legal theories that are being applied. Michael is the founder and faculty director of Columbia's Sabin Center for Climate Change Law, where he writes and teaches courses on environmental law, climate change law, and energy regulation. He was the chair of the faculty of Columbia University's Earth Institute from 2015 to 2018. Before joining Columbia in 2009, Michael practiced environmental law in New York for three decades. The Sabin Center maintains a database that tracks climate change litigation around the world. As of December 31, 2022, the database included 2,180 cases. In addition, the Sabin Center and the UN Environment Program recently issued the 2023 “Global Climate Litigation Report,” which takes into account information from that database.
Environmental justice is a pressing concern that transcends borders, focusing on fair treatment for all, regardless of their background. It has its roots in the 1960s civil rights and social justice movements, notably events like protests by Latino farm workers in California, African-American students in Houston, and residents of Harlem, NYC, advocating for their communities' well-being. The pivotal moment often associated with the environmental justice movement was the 1982 protests in Warren County, NC, where residents protested the relocation of contaminated soil to their predominantly Black county. While their efforts were not immediately successful, they sparked a nationwide movement supported by data showing hazardous waste sites disproportionately located near Black and Latino communities. Today, environmental justice continues to evolve and integrate into public policy. It encompasses a broader perspective of the environment, considering where people live, work, play, learn, and pray. This inter-generational, multi-racial, and international movement advocates for justice by linking economic, environmental, and health issues and demanding safe, clean communities and workplaces. Key issues in environmental justice include equitable resource distribution, rectifying historical disparities, addressing climate change's unequal impact, and improving public health outcomes. Historically marginalized communities, often low-income and minority populations, have faced environmental hazards without access to the benefits of a clean environment. Climate change exacerbates existing inequalities, disproportionately affecting vulnerable groups. The connection between environmental justice and health is undeniable. Exposure to environmental hazards has severe health consequences, with disadvantaged communities facing higher risks due to their proximity to industrial facilities and limited healthcare access. Join host Bernice Butler and guest Michael Gerrard and Maya van Rossum to look at current and emerging trends in environmental justice and climate justice issues. --- Support this podcast: https://podcasters.spotify.com/pod/show/healthy-radio/support
Interviewer: AUDREY JAQUISS. The California legislature has passed two bills, now awaiting Governor Gavin Newsome's signature, that potentially open up a new frontier in environmental law and climate action. As law professor MICHAEL GERRARD and Wharton professor ERIC ORTS explain, SB 253 would require that companies disclose their carbon emissions, and SB 261 their vulnerability to climate-related risks, in a standardized, verifiable way, making it more difficult for them to hide behind vague mission statements and inflated carbon offsets. In their discussion with political scientist Audrey Jaquiss, Gerrard and Orts point out that, while these laws would not directly mandate emission reductions, they would put a powerful tool in the hands of activists, legislators, shareholders and consumers to demand measurable progress in the fight against climate change. They also discuss potential roadblocks, both in the form of legal challenges and relentless lobbying efforts to weaken the final regulations, but remain hopeful that, as it has in the past, California's laws might have an impact well beyond its borders.
Last week, a judge in Montana ruled that the state has to take into account climate change mitigation when it weighs future fossil fuel projects. Samantha Maldonado, reporter at The City covering climate and resiliency, and Michael Gerrard, professor of law at Columbia Law School and the founder and faculty director of the Sabin Center for Climate Change Law, discuss what this could mean for New York State, where voters passed a green amendment back in 2021. → What the Landmark Climate Ruling in Montana Means for New York
Trump's Racist Response to the Latest Indictments is to Call Black Judges, Prosecutors and Election Workers "RIGGERS" | A Win For Young Environmentalists in Red State Montana | Biden Celebrates the One Year Anniversary of the Inflation Reduction Act backgroundbriefing.org/donate twitter.com/ianmastersmedia facebook.com/ianmastersmedia
Welcome to my new Series "Can you talk real quick?" This is a short, efficiently produced conversation with an expert who will let me record a quick chat to help us all better understand an issue in the news or our lives as well as connect with each other around something that might be unfolding in real time. Stand Up is a daily podcast that I book,host,edit, post and promote new episodes with brilliant guests every day. Please subscribe now for as little as 5$ and gain access to a community of over 700 awesome, curious, kind, funny, brilliant, generous souls NPR: "A Montana judge on Monday sided with young environmental activists who said state agencies were violating their constitutional right to a clean and healthful environment by permitting fossil fuel development without considering its effect on the climate. The ruling following a first-of-its- kind trial in the U.S. adds to a small number of legal decisions around the world that have established a government duty to protect citizens from climate change. District Court Judge Kathy Seeley found the policy the state uses in evaluating requests for fossil fuel permits — which does not allow agencies to evaluate the effects of greenhouse gas emissions — is unconstitutional." I reached out to the founder and faculty director of the groundbreaking Sabin Center for Climate Change Law and one of the foremost environmental lawyers in the nation, Michael Gerrard is an advocate, litigator, teacher, and scholar who has pioneered cutting-edge legal tools and strategies for addressing climate change. He writes and teaches courses on environmental law, climate change law, and energy regulation. He was the chair of the faculty of Columbia University's renowned Earth Institute from 2015 to 2018. For three decades, before joining the Columbia Law School faculty in 2009, Gerrard practiced law in New York, most recently as the partner in charge of the New York office of Arnold & Porter, where he remains senior counsel. As an environmental lawyer, he tried numerous cases and argued many appeals in federal and state courts and administrative tribunals. He also handled the environmental aspects of diverse transactions and development projects and provided regulatory compliance advice to an array of clients in the private and public sectors. Several publications rated him the leading environmental lawyer in New York and one of the leaders in the world. A prolific author, he has written or edited 14 books, including Global Climate Change and U.S. Law, the first and leading work in its field (co-edited with Jody Freeman and Michael Burger), and Legal Pathways to Deep Decarbonization in the United States (co-edited with John Dernbach). His 12-volume Environmental Law Practice Guide and four-volume Brownfields Law and Practice each received the Association of American Publishers' Best Law Book of the Year award. Gerrard is the former chair of the American Bar Association's 10,000-member Section of Environment, Energy, and Resources. He has also chaired the New York City Bar Association's Executive Committee and the New York State Bar Association's environmental law section. He has served on the executive committees of the boards of the Environmental Law Institute and the American College of Environmental Lawyers. Gerrard also has taught courses at Yale School of Forestry & Environmental Studies, Université Paris 1 Panthéon-Sorbonne, and the University of Malta. He has lectured on environmental law in Brazil, Canada, Chile, China, Costa Rica, Denmark, France, Great Britain, India, Israel, Italy, Japan, Malta, the Marshall Islands, the Netherlands, Norway, Spain, Switzerland, Taiwan, Vatican City, and throughout the United States. He has worked with the government of the Republic of the Marshall Islands on the legal issues caused by rising sea levels that threaten the island nation. Follow Professor Gerrard on Twitter Pete on Tik Tok Pete on YouTube Pete on Twitter Pete On Instagram Pete Personal FB page Stand Up with Pete FB page All things Jon Carroll Follow and Support Pete Coe
On Monday, 16 young plaintiffs—between the ages of 5 and 22—walked into a packed courtroom in Helena, Montana, to sue their government. At issue is a 1972 amendment to the state constitution guaranteeing that the “state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.” 22-year-old Rikki Held and her co-plaintiffs allege that state officials violated that constitutional right. The case, Held v. Montana, now over a decade in the making, is truly historic—the first-ever constitutional climate lawsuit to reach trial in the United States.Lawfare Managing Editor Tyler McBrien sat down with Michael Gerrard, founder and faculty director of the Sabin Center for Climate Change Law at the Columbia Law School to talk through what's at stake in this landmark case. They discussed the origins of the trial, its potential ripple effects, and where Held v. Montana sits in the landscape of climate change litigation around the world. Other reading of interest:This climate newsletter from Annie Crabill at The EconomistSupport this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
The US isn't delivering on its pledges to reverse climate change. The Willow Project in Alaska, labelled by some as a “carbon bomb”, is a key example of that. But with global energy supply chains so massively disrupted by the war in Ukraine, are these kinds of projects justified? Michael Gerrard is the founder of the Sabin Center for Climate Change Law at Columbia Law School. He joined Arthur Snell in the Bunker to discuss why pushing through new climate laws is so difficult. “We ARE NOT on the trajectory that we want to be.” – Michael Gerrard “The US climate commitments are not really legally binding.” – Michael Gerrard “The Supreme Court has become somewhat of an impediment.” – Michael Gerrard. “In the US there have been efforts going back to 2004 to hold oil and gas responsible for climate change.” – Michael Gerrard. www.patreon.com/bunkercast Written and presented by Arthur Snell Producer: Chris Jones. Audio production: Simon Williams. Group Editor: Andrew Harrison. Managing Editor: Jacob Jarvis. Music by Kenny Dickinson THE BUNKER is a Podmasters Production Instagram | Twitter Learn more about your ad choices. Visit megaphone.fm/adchoices
Lawmakers in the United States are racing to get a key debt ceiling bill through both chambers of Congress and signed into law. The Treasury Department says June 5th is the day they would no longer be able to pay the nation's bills. On today's show we dig into one key element of the deal – climate policy. Environmentalists are warning that this deal could have significant ramifications for the climate because it fast-tracks a controversial gas pipeline in West Virginia. Climate expert Michael Gerrard joins us to break this down. Also on today's show: Candace Rondeaux, Director, Future Frontlines; Isabel Kershner, NY Times Correspondent in Jerusalem and Author, "The Land of Hope and Fear"; writer/filmmaker Nida Manzoor To learn more about how CNN protects listener privacy, visit cnn.com/privacy
Healthcare attorney Harry Nelson of Nelson Hardiman, discusses the first trial of Juul and Altria Group over the marketing of vaping products to young audiences.Michael Gerrard, founder and faculty director of the Sabin Center for Climate Change Law at Columbia Law School, discusses an upcoming trial where Montana kids are suing the state over climate change.June Grasso hosts.See omnystudio.com/listener for privacy information.
Healthcare attorney Harry Nelson of Nelson Hardiman, discusses the first trial of Juul and Altria Group over the marketing of vaping products to young audiences.Michael Gerrard, founder and faculty director of the Sabin Center for Climate Change Law at Columbia Law School, discusses an upcoming trial where Montana kids are suing the state over climate change.June Grasso hosts.See omnystudio.com/listener for privacy information.
On June 30, 2022, the United States Supreme Court handed down a decision on the case “EPA v. West Virginia,” ruling in a 6-3 vote that the EPA exceeded its statutory authority by setting greenhouse gas emissions standards that would effectively require utilities to shift away from fossil fuel-sourced power generation to renewables.At the time of the decision, it was met with a raft of alarmist headlines, forecasting that it would be a disaster for climate change mitigation, and that it threatens the future regulatory authority of all federal agencies. Is it really that bad?In this episode, Michael Gerrard, professor of professional practice in climate change law and policy at Columbia University, helps us understand exactly what the EPA v. West Virginia decision said, and what its impact is likely to be.
Building codes: they might sound boring, but they're actually the front lines in a nationwide battle to decarbonize our buildings. And they do a lot more than keeping your home from falling down over your head. They regulate everything from energy efficiency, to the kind of fuel your stove runs on, to whether your building has an electric vehicle charging port – all super important facets of building decarbonization. And if designed correctly, building codes can also help address issues like public health, pollution, and even adaptation to the effects of climate change. In this episode, Melissa speaks with Michael Gerrard, an expert on environment and climate law and director of the Sabin Center for Climate Change Law at Columbia University about how to unlock this secret weapon – and what's getting in the way of greener building codes. The Big Switch is produced by Columbia University's Center on Global Energy Policy in partnership with Post Script Media. This episode was produced by Alexandria Herr and Daniel Woldorff. Theme music and mixing by Sean Marquand. Story editing by Anne Bailey. A special thanks to Natalie Volk, Kirsten Smith and Kyu Lee. Our executive editor is Stephen Lacey.
The Uvalde school board prepares to meet tonight after a report on the shooting was released. The attacker in the 2018 Parkland, Fla. shooting faces sentencing. Sen. Ed Markey (D-Mass.) tells Meet the Press NOW climate legislation could happen soon if Sen. Joe Manchin (D-W.Va.) supports the reconciliation bill. Ali Vitali reports from Capitol Hill on the January 6th committee's preparations for what is expected to be the biggest hearing so far. Nicholas Wu, Sarah Chamberlain and Cornell Belcher join the Meet the Press NOW roundtable. Columbia University Climate Change Law Center founder Michael Gerrard talks about what climate action the White House could take as heat waves sweep the globe.
In a 6-3 decision in West Virginia v. EPA, Supreme Court justices determined that the Environmental Protection Agency (EPA) overstepped its authority in regulating carbon dioxide emissions from power plants. Since the Thursday decision, several environmental groups have called the monumental ruling devastating to the Biden administration's efforts to facilitate a clean energy transition. For a breakdown of the decision and its implications for climate regulations moving forward, host Bill Loveless spoke with legal experts Michael Gerrard and Jeff Holmstead. Michael is founder and director of the Sabin Center for Climate Change Law at Columbia University. He has pioneered innovative legal strategies and teaches courses on environmental law, climate change law and energy regulation. Before his time at Columbia, Michael was the head of the New York law office of Arnold & Porter. Jeff heads the Environmental Strategies Group at the law firm Bracewell. He previously served as assistant administrator for air and radiation at the EPA under President George W. Bush from 2001 to 2005. During his tenure, he was one of the architects behind the Clean Air Interstate Rule, the Clean Air Diesel Rule and the Mercury Rule for power plants. The pair discussed precisely how the rule curbs the EPA's power, where it stops short, and the kind of legal precedence it sets for future cases.
Washington State Gov. Jay Inslee (D) joins Meet the Press NOW to talk about his meeting with President Biden on abortion rights. Kansas City Star's Katie Bernard, Louisville Courier Journal's Deborah Yetter discuss the abortion battle in Kansas and Kentucky. Eugene Daniels, Symone Sanders and Sara Fagen join the Meet the Press NOW roundtable. Michael Gerrard, professor and climate advocate, talks about the impacts of the Supreme Court's decision reducing the EPA's authority to regulate carbon dioxide.
Thanks to the Supreme Court, Will There Be a Liveable Planet in Our Children and Grandchildren's Future? | As Electrical Generators Move Away From Coal, SCOTUS Turns Back the Clock | Will This Unpopular Ruling Motivate the Young to Vote For a Liveable Future? backgroundbriefing.org/donate twitter.com/ianmastersmedia facebook.com/ianmastersmedia
The climate crisis threatens to create global food, health, housing, and social insecurity and displace millions, if not billions, of people. A major cause of rapid climate change is the dramatic increase in greenhouse gas (GHG) emissions in the atmosphere driven by human activity over the last century. In fact, the past five years have been the five warmest years on record, and all signs point to a continuing trend unless massive steps are taken to slow down and reverse the tide. While there is no one-size-fits-all solution to fighting climate change, deep decarbonization, or achieving net-zero emissions, has emerged as the major goal for the next decades. What does deep decarbonization entail? Michael Gerrard, professor at Columbia Law School and the faculty director of the Sabin Center for Climate Change Law, explains the legal challenges and reforms needed in energy and transportation, the two largest GHG emitting sectors, to achieve deep decarbonization and the policies and actions the Biden administration will likely institute in the near-term to reach climate change objectives.
The Supreme Court is expected to release an opinion in the case West Virginia v. Environmental Protection Agency soon. Michael Gerrard, professor of law at Columbia Law School and the founder and faculty director of the Sabin Center for Climate Change Law, previews what the case is about and the implications for combating climate change, especially if the court rules against the EPA.
A forthcoming Supreme Court decision could hamper some of the EPA's authority to curtail carbon emissions. On Today's Show:Michael Gerrard, professor of law at Columbia Law School and the founder and faculty director of the Sabin Center for Climate Change Law, previews what the case is about and the implications for combating climate change, especially if the court rules against the EPA.
Exaggerated Fears of Inflation and Keeping Powell at the Fed | COP26 Draft Agreement Seen as Too Little Too Late | Prosecutors Seek Murder Charges in the Fentanyl Epidemic Killing Teenagers backgroundbriefing.org/donate twitter.com/ianmastersmedia facebook.com/ianmastersmedia
Former federal prosecutor Jimmy Gurule, a professor at Notre Dame Law School, discusses the charges against Trump ally Tom Barrack, the founder of investment firm Colony Capital, that he illegally lobbied the U.S. government on behalf of the United Arab Emirates and lied to the FBI about it. Michael Gerrard, a professor at Columbia Law School and faculty director of Columbia Law School's Sabin Center for Climate Change Law, discusses his article for Bloomberg Law, "Killer Heat Waves Warrant FEMA Action Under New Authority." June Grasso hosts. Learn more about your ad-choices at https://www.iheartpodcastnetwork.com
Former federal prosecutor Jimmy Gurule, a professor at Notre Dame Law School, discusses the charges against Trump ally Tom Barrack, the founder of investment firm Colony Capital, that he illegally lobbied the U.S. government on behalf of the United Arab Emirates and lied to the FBI about it. Michael Gerrard, a professor at Columbia Law School and faculty director of Columbia Law School's Sabin Center for Climate Change Law, discusses his article for Bloomberg Law, "Killer Heat Waves Warrant FEMA Action Under New Authority." June Grasso hosts. Learn more about your ad-choices at https://www.iheartpodcastnetwork.com
Why Republican Oppose Voter Reform and Making Life Better For All Americans | The Costs or Post-9/11 Wars With 4 Times More Vets Dying From Suicides Than Combat | Using the Law to Fight Global Warming and Climate Change Denial backgroundbriefing.org/donate twitter.com/ianmastersmedia facebook.com/ianmastersmedia
The climate crisis threatens the stability of our planet and our very way of life. In this interview, we explore the power of U.S. law to help stimulate innovation and the change to clean and renewable fuels. Michael Gerrard, professor at Columbia Law School and the director of the Sabin Center for Climate Change Law, gives insight into legal changes to date, analyzes the impact of the Trump Administration, and explores the dramatic changes of the Biden administration to combat the dangerous warming of our planet.
Madison Alder, Bloomberg Law Reporter, discusses how judges are using unconventional methods to restart jury trials, as their caseloads pile up. Michael Gerrard, the founder and faculty director of Columbia Law School's Sabin Center for Climate Change Law, discusses actions a Biden administration could take to reverse the climate deregulation carried out by the Trump administration. June Grasso hosts. Learn more about your ad-choices at https://www.iheartpodcastnetwork.com
Michael Gerrard, a professor at Columbia Law School, discusses the ramifications of the Trump administration's decision to stop California from setting its own emission standards for cars and trucks. He speaks to Bloomberg's June Grasso. Learn more about your ad-choices at https://www.iheartpodcastnetwork.com
Independent investigative journalism, broadcasting, trouble-making and muckraking with Brad Friedman of BradBlog.com
Independent investigative journalism, broadcasting, trouble-making and muckraking with Brad Friedman of BradBlog.com