A Review of Environmental Law in the Supreme Court
The Supreme Court recently issued four rulings regarding environmental law, focusing on preemption and the removal of state-law claims to federal court. These decisions clarify the limits of federal authority over pesticide labeling, military contractor liability, and government-directed production contracts.
State court litigation is an increasingly important dimension of environmental law, as plaintiffs seek to bring tort and other claims against businesses. In response, defendants increasingly seek to remove these cases to federal court and argue that preemption bars state-law claims. These litigation trends led to four decisions addressing preemption and removal to federal court.
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