Michael Gerrard
michaelgerrard.bsky.social
Michael Gerrard
@michaelgerrard.bsky.social

Professor of environmental and energy law, Columbia Law School. Founder and faculty director, Sabin Center for Climate Change Law. Practiced environmental law in NYC full-time, 1979-2008.

Michael Burr Gerrard is an American legal scholar. He is the Andrew Sabin Professor of Professional Practice at Columbia Law School.

Source: Wikipedia
Environmental science 26%
Law 23%

812 Indonesia

653 Saudi Arabia

588 South Korea

580 Germany

Source: Source: IEA-EDGAR fossil CO2 emissions, edgar.jrc.ec.europa.eu/report_2025
EDGAR - The Emissions Database for Global Atmospheric Research
edgar.jrc.ec.europa.eu

it would be the fifth largest CO2 emitter in the world. Annual CO2 emissions from fossil fuel combustion, 2024 (MMT):

13,124 China

4,632 United States

3,153 India

2.009 Russia

1,678 U.S. transportation

972 Japan

829 Iran

🧵
EDGAR - The Emissions Database for Global Atmospheric Research
edgar.jrc.ec.europa.eu

Trump's EPA said a major justification for revoking the GHG endangerment finding is that emissions from the U.S. transport sector (cars, trucks, etc.) are so low that reducing them wouldn't make any difference to the climate. But if this sector was a country, 🧵
EDGAR - The Emissions Database for Global Atmospheric Research
edgar.jrc.ec.europa.eu
South Fork Wind had a capacity factor of 52% last month - on par w/ NY state's most efficient gas plants

And Vineyard Wind had a 75% capacity factor during Winter Storm Fern

The data doesn't lie. #OffshoreWind works - especially during cold winter months

www.canarymedia.com/articles/off...
Offshore wind showed up big during the East Coast’s brutal cold
America’s two utility-scale offshore wind farms performed as well as gas power plants and better than coal in January — including during Winter Storm Fern.
www.canarymedia.com

EPA isn't now denying that climate change is happening. Instead they are saying that whatever the U.S. does now will not make enough of a difference to warrant the expense to Americans.

The U.S. is historically the largest emitter of greenhouse gases, and is abdicating its responsibility.

Reposted by Michael Gerrard

The final EPA ruling revoking its 2009 endangerment finding is posted: www.epa.gov/regulations-...

The agency is no longer trying to invoke the discredited DOE climate working group report as justification for the rule change.
Final Rule: Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act | US EPA
The final rule on the reconsideration of the greenhouse gas endangerment finding and motor vehicle rule.
www.epa.gov

As soon as EPA does take this action, lawsuits in the D.C. Circuit will soon follow. They may ultimately go to the Supreme Court. My September article arrays the range of potential outcomes.

4. Would revocation of the endangerment finding take away the leading defense that the fossil fuel companies have in the numerous pending lawsuits against them by states and cities over climate change -- that since EPA can regulate GHGs, these actions are preempted?

2. Will the courts find, contrary to the Supreme Court's 2007 decision in Massachusetts v. EPA, that EPA does not have the power to regulate GHGs?

3. Will EPA adequately respond to the thousands of comments it received on its draft rule?

1. Will EPA contest the science of climate change, relying on the report by five climate contrarians that has been discredited by the National Academies of Sciences, bit.ly/4aFW7uy, and others, written by a committee that the federal court held was improperly formed, bit.ly/4qofhd5 ?
National Academies Publish New Report Reviewing Evidence for Greenhouse Gas Emissions and U.S. Climate, Health, and Welfare
A new National Academies report reviews evidence gathered by the scientific community since 2009 on greenhouse gas emissions and their effects on U.S. climate, health, and welfare.
bit.ly

The press is reporting that EPA is about to withdraw the endangerment finding, the legal basis for EPA regulation of greenhouse gases under the Clean Air Act. As I wrote in September, bit.ly/401lLUw, this would raise a tangle of legal issues. Among them: 🧵
Trump EPA’s Proposed Revocation of Greenhouse Gas Endangerment Finding Raises Tangle of Legal Issues
On July 29, 2025, at an auto dealership in Indiana, Lee Zeldin, Administrator of the U.S. Environmental Protection Agency (EPA), announced a proposal to withdraw the Endangerment Finding for greenhous...
bit.ly

Reposted by Michael Gerrard

From late last night: The EPA plans this week to repeal a policy that provides the legal foundation for a raft of rules regulating greenhouse gas emissions, marking Trump’s most consequential retreat from the fight against climate change.

Gift link @bloomberg.com: www.bloomberg.com/news/article...
Trump’s EPA to Scrap Landmark Emissions Policy in Major Rollback
The US Environmental Protection Agency plans this week to repeal a policy that provides the legal foundation for a raft of rules regulating greenhouse gas emissions, marking President Donald Trump’s m...
www.bloomberg.com

Reposted by Michael Gerrard

"Renewable energy is central to the fight against climate change, and this suit alleges that the companies have stood squarely in the way. Michigan has opened up a whole new battleground in the climate fight" said climate law expert @michaelgerrard.bsky.social

www.sierraclub.org/sierra/michi...
Michigan Sues Oil and Gas Companies for Sabotaging Renewable Energy and Electric Vehicles
The suit claims there was a vast conspiracy to maximize profits despite driving a climate crisis
www.sierraclub.org

companies for all manner of protected expression concerning fossil fuels."

The case is American Sustainable Business Council v. Hegar. The decision is by Judge Alan Albright (who was named to be bench by President Trump in 2018) of the U.S. District Court, Western District of Texas. bit.ly/4qlN3Qq
Memorandum Opinion and Order – #50 in American Sustainable Business Council v. Hegar (W.D. Tex., 1:24-cv-01010) – CourtListener.com
Memorandum Opinion and Order
bit.ly

A federal court just invalidated the Texas law that prohibits state entities from investing in or contracting with companies that boycott fossil fuels. The court found that the law violates the First Amendment by being both overbroad and unconstitutionally vague, and "permits the State to penalize
Memorandum Opinion and Order – #50 in American Sustainable Business Council v. Hegar (W.D. Tex., 1:24-cv-01010) – CourtListener.com
Memorandum Opinion and Order
bit.ly

Reposted by Michael Gerrard

⚖️🌏 🗣️ Call for #Presentations
The Sabin Center & @climate.columbia.edu invite submissions for the Attribution Science & Climate Law Conference, June 10–11, 2026 at Columbia Law School in NYC. Learn more➡️
climate.law.columbia.edu/content/seco...

Reposted by Michael Gerrard

⚖️A Dutch court ordered the Netherlands to protect a Caribbean island from #climatechange.

The Sabin Center’s Dr. Maria Antonia Tigre (@matigre.bsky.social) notes in an interview with @nytimes.com that “there’s a very clear state responsibility now” following the decision.

🔗 buff.ly/d0oabJU

Reposted by Michael Gerrard

📜 On January 26, we filed an amici brief in Renew Northeast v. US DOI, in support of plaintiffs who are challenging a number of anti-renewables federal actions that implicate wind and solar projects on rural private lands. 🍃 ☀️

Read the brief ➡️ buff.ly/vpSirJ6

The decision of the Hague District Court (you can toggle to English version): bit.ly/4bvMCiJ
bit.ly

and states are required to protect particular places or address particular kinds of impacts. It also shows that some domestic courts, which have the power to issue binding orders, will pick up the guidance of international tribunals and turn them into more concrete actions.
bit.ly

a detailed adaptation plan to be implemented within four years. The case was brought by eight residents of Bonaire and Greenpeace Netherlands.

This decision is a foretaste of more cases to come, where the general obligations of states are made more specific,
bit.ly

It's highly vulnerable to sea level rise, extreme heat, storms, and flooding The court found the government had discriminated against Bonaire's residents in failing to treat them the same way as residents of the European Netherlands. The court ordered the government to draft
bit.ly

Reposted by John H. Knox

Important new climate decision: A court in The Hague ruled today that the Dutch government violated European Convention on Human Rights in failing to take sufficient action to protect the residents of Bonaire, an island off the coast of Venezuela that's a special municipality of the Netherlands. 🧵
bit.ly

Reposted by Michael Gerrard

⚖️🌏💻Next Monday, February 2, the Sabin Center is hosting a #webinar, in which leading legal scholars and practitioners will explore the evolving landscape of #climatelitigation across #Asia. @matigre.bsky.social will deliver opening remarks.
Info ➡️ buff.ly/JkAYwvA
Register ➡️ buff.ly/CJ8sW10

whether to take up one of them (from Boulder, Colorado), but this suit is on completely different grounds and should not be affected by however that one turns out.

restrain competition from renewable energy alternatives to fossil fuels and delay the energy transition. The complaint: bit.ly/45tOmVI. Numerous pending suits allege climate change deception by the companies, and the Supreme Court will decide soon ....
bit.ly

The State of Michigan just launched a novel lawsuit against the big oil companies and the American Petroleum Institute. It charges them with conspiracy to restrain trade under the Sherman Act, the Clayton Act, and the Michigan Antitrust Reform Act. It alleges a coordinated strategy to ...
bit.ly

Reposted by Michael Gerrard

🏙️📉 Today, the Sabin Center for Climate Change Law releases a new report titled Navigating State Law in Local Climate Action, which unpacks key state-local preemption issues in 19 states.
📰Press release: buff.ly/PZkpFCJ
✍️Blog: buff.ly/wMSG0dD

#Cities #climatelaw #climateaction