New York City’s Curious Jurisdictional Choice in its Fight Against “Big Oil”

New York City followed the lead of several California cities and filed suit against “Big Oil,” seeking to recover compensatory damages for the costs it has incurred in protecting infrastructure, residents, and visitors from the effects of climate change. However, unlike all of its California predecessors, New York City brought its action in federal court. Why?

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Dilatory Tactics: Does ‘Effective Date’ Mean Effective Date?

The Administrative Procedure Act provides requirements that are normally meant to prevent agencies from taking shortcuts or sidestepping important public processes. However, recent actions by the Trump administration demonstrate that a less well-known section of the APA may potentially be used as a dilatory tactic to allow a new administration to delay implementation of a previous administration’s properly promulgate rules.

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