Tuesday, February 2, 2010
"Too Hot for Courts to Handle: Fuel Temperatures, Global Warming, and the Political Question Doctrine"
Laurence Tribe (Harvard), Tristan Duncan (Shook, Hardy), and Joshua Branson (Harvard Law student) have recently published "Too Hot for Courts to Handle: Fuel Temperatures, Global Warming, and the Political Question Doctrine" (pdf) with the Washington Legal Foundation. The executive summary provides, in part:
The authors frame their analysis of the political question doctrine in the context of two areas of ongoing litigation. The first set of lawsuits, brought both by private plaintiffs and some state attorneys general, targets businesses accused of contributing to global climate change. In the second group of suits, private lawyers have sued gasoline retailers for fraud, alleging that those who purchase gas in warm climates unknowingly receive less fuel than those purchasing it in colder climates.
Thanks to Mark Behrens for passing this along.