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262 published works

  1. FBT Gibbons

    Two Federal Courts Strike Down New York’s Climate Change Superfund Act on Preemption Grounds; Suncor Looms

    By Frost Brown Todd

    In the span of three weeks, two New York federal courts struck down New York’s landmark Climate Change Superfund Act (the “NY Climate Act”). First, on August 31, 2026, in…

  2. ACOEL Blogs & Resources

    Nearing the End of the Line for State and Local Climate Litigation?

    By ACOEL

    Late last month, Chief Judge Brenda Sannes, of the Northern District of New York, ruled that New York State’s “climate superfund” law is preempted by federal law.  Relying on the…

  3. Administrative and Regulatory

    Federal Court Invalidates New York Climate Change Superfund Act

    By K&L Gates

    On 31 August 2026, the US District Court for the Northern District of New York (the Court) invalidated New York’s Climate Change Superfund Act (the Act), blocking the State’s planned…

  4. Liskow & Lewis, APLC

    District Court Finds New York’s Climate Change Superfund Act Preempted by “Federal Interests”

    By Liskow & Lewis

    On August 31, 2026, a district judge of the United States District Court for the Northern District of New York held that the State’s Climate Change Superfund Act (or the…

  5. Antitrust, Competition and Trade

    Venezuela's Reopening: Investment, Infrastructure, and Technology Opportunities in a Rebuilding Latin America

    By K&L Gates

    As we enter the latter part of 2026, eight months after the removal of Nicolás Maduro, Venezuela is presenting foreign investors with an opportunity that has not existed in a…

  6. Drug & Device Law

    More Federal Officer Jurisdiction and PBMs – Second Circuit Finds Jurisdiction

    By Steven Boranian

    Federal officer jurisdiction is having a moment.  In November 2024, we called federal officer jurisdiction the quiet middle child of the federal jurisdiction family, but then earlier this year the…

  7. The CLS Blue Sky Blog

    The Half-Trillion-Dollar Joint Venture Blind Spot

    By Renholding

    Joint ventures (JVs) have become the load-bearing walls of the industrial economy. In mining, over three-quarters of copper and nearly two-thirds of lithium production come from JVs[1]. In oil and…

  8. Tortini

    The Recrudescence of Ferebee – Part One

    By Nathan A. Schachtman

    The infamous Ferebee decision is certainly a contender to be a Dred Scott decision involving scientific evidence,[1] by declaring that science has no validity issues that the law is bound to respect.[2] The decision…

  9. EJIL: Talk!

    Contracting Sovereignty? Greece’s Experiment with the Contractual Allocation of Maritime Delimitation Risk in Offshore Lease Agreements

    By Aikaterini Florou

    In February 2026, Greece signed offshore lease agreements with a Chevron-led consortium for the exploration of oil and gas south of Crete. A month later, the agreements were ratified by…

  10. Drug & Device Law

    Federal Officer Removal and Pharmacy Benefit Managers

    By Bexis

    We’ve posted twice recently about the potential jurisdictional benefits of the congressionally expanded “federal officer” basis for federal jurisdiction in tort litigation:  28 U.S.C. §1442 (a)(1).  Our first post cited…