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Constitutional Law

"Complaints" About the Weather: Why the Fifth Circuit's Panel Decision in Comer v. Murphy Oil Represents the Wrong Approach to the Challenge of Climate Change

David B. Rivkin, Jr., Carlos Ramos-Mrosovsky, Matthew S. Raymer January 29, 2010
Common law “nuisance” litigation has emerged as the strategy of choice for climate change activists and plaintiffs’ lawyers seeking to limit in a piecemeal fashion U.S. greenhouse gas (“GHG”) emissions.  The recent decision by a panel of the United States Court of Appeals for the Fifth Circuit in Comer v. Murphy Oil U.S.A., 585 F.3d 855 (5th Cir. 2009), takes this trend to a new level.  For the first time, and what some maintain is contrary to established precedent, a United States Court of Appeals has allowed private parties to bring common law nuisance claims in federal court on the theory that particular GHG emissions from defendants’ sources injured plaintiffs and their property by exacerbating specific weather events.

13th Annual Barbara K. Olson Memorial Lecture - Event Audio/Video

2013 National Lawyers Convention
Neil Gorsuch, Eugene B. Meyer November 22, 2013

On September 11, 2001, at the age of 45 and at the height of her professional and personal life, Barbara K. Olson was murdered in the terrorist attacks against the United States as a passenger on the hijacked American Airlines flight that was flown into the Pentagon. The Federalist Society established this annual lecture in Barbara's memory because of her enormous contributions as an active member, supporter, and volunteer leader. Solicitor General Theodore B. Olson delivered the first lecture in November 2001. The lecture series continued in following years with other notable individuals. In 2013, the Honorable Neil M. Gorsuch of the United States Court of Appeals for the Tenth Circuit delivered the lecture. He was introduced by Mr. Eugene B. Meyer, President of the Federalist Society.

Barbara K. Olson Memorial Lecture
5:30 p.m. – 6:00 p.m.
Grand Ballroom

  • Hon. Neil M. Gorsuch, United States Court of Appeals, Tenth Circuit?
  • Mr. Eugene B. Meyer, President, The Federalist Society

Mayflower Hotel
Washington, DC

For information about Barbara Olson and this lecture series, click HERE.

For a list of past lecturers, click HERE.

[Watch or listen now!]

2008 Church Autonomy Conference Opening Remarks - Event Audio/Video

Religious Liberties Practice Group
John Garvey April 08, 2008
Dean John Garvey of Boston College Law School opened The Federalist Society's 2008 Church Autonomy Conference titled "The Things That Are Not Caesar’s: Religious Organizations as a Check on the Authoritarian Pretensions of the State" at the Georgetown University Law Center in Washington, DC, on March 14, 2008.