Comments and Legal Briefs

Local Government Amicus Brief in West Virginia v. EPA by Michael Burger (January 2022)

The Sabin Center filed an amicus brief on behalf of the National League of Cities and the U.S. Conference of Mayors in West Virginia v. EPA, a case that is currently before the United States Supreme Court. The case concerns the scope of the United States Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from existing fossil fuel power plants under Section 111(d) of the Clean Air Act (CAA). The brief argues that significant federal regulation of power plants’ emissions is necessary to support and supplement local climate action, that Section 111(d) does not foreclose generation-shifting regulation, and that neither the major questions doctrine nor the federalism clear statement canon are implicated by the case.

Local Government Amicus Brief in Competitive Enterprise Institute v. NHTSA by Michael Burger and Hillary Aidun and related press release (January 2021)

The Sabin Center filed an amicus brief on behalf of local governments in support of state, city, environmental, and public health petitioners to challenge the Trump Administration's rollback of clean car standards. The brief illustrates the threats that motor vehicle emissions pose to cities, and that the federal weakening of motor vehicle standards undermines local government efforts to address climate change and transportation pollution. The brief was joined by the National League of Cities, U.S. Conference of Mayors, and 15 individual cities, towns, counties, and mayors. 

Local Government Amicus Brief in Union of Concerned Scientists v. NHTSA by Michael Burger and Hillary Aidun (July 2020)

The Sabin Center filed an amicus brief on behalf of local government associations in support of state, city, environmental, and industry petitioners in the lawsuit challenging the Trump Administration's withdrawal of California’s authority to implement its existing greenhouse gas and zero-emission vehicle standards. The brief illustrates the threats that motor vehicle emissions pose to cities, including climate impacts and public health harms associated with smog and particulate matter. The brief also emphasizes that the EPA failed to consider the need to address climate change and vehicle pollution, and unlawfully disregarded the environmental justice impacts of its action. The brief was filed on behalf of the National League of Cities, the U.S. Conference of Mayors, and the International Municipal Lawyers Association.

Local Government Amicus Brief in American Lung Association v. EPA by Michael Burger and Hillary Aidun and related press release (April 2020)

The Sabin Center filed an amicus brief on behalf of local governments in support of state and environmental petitioners in American Lung Association v. EPA, the lawsuit challenging the Environmental Protection Agency's repeal of the Clean Power Plan and its replacement, the Affordable Clean Energy Rule. The brief highlights the climate impacts that cities are already facing, and local governments' efforts to mitigate and adapt to climate change. The coalition members include the U.S. Conference of Mayors, the National League of Cities, and 23 cities, towns, counties and mayors representing over 12 million residents.

Amicus Brief in Support of Plaintiffs-Appellees in Mayor & City Council of Baltimore v. B.P. p.l.c, by Michael Burger (September 2019)

Amicus brief filed by National League of Cities, the U.S Conference of Mayors; and the International Municipal of Lawyers Association in support of plaintiff-appellee and affirmance.

Local Government Amicus Brief in City of Oakland v. BP by Michael Burger (March 2019)

The Sabin Center filed an amicus brief on behalf of a local government coalition in support of Oakland and San Francisco’s demands that oil and gas companies mitigate the harm caused by rising sea levels, increasingly frequent and severe storms, and other climate impacts in their cities. The coalition members include the U.S. Conference of Mayors, the National League of Cities, and the International Municipal Lawyers Association.

Local Government Amicus Brief in California v. EPA by Michael Burger and Jessica Wentz, and related Press Release (February 2019)

The Sabin Center filed an amicus brief on behalf of a local government coalition in the lawsuit challenging the Trump administration’s revised determination that the GHG and fuel economy standards for light-duty vehicles are too stringent and should be weakened. The brief highlights the importance of the standards to cities and counties across the country and provides a local government perspective on why EPA’s decision is unlawful. The coalition members include the U.S. Conference of Mayors (USCM), the National League of Cities (NLC), and sixteen individual cities and counties that are home to more than 22 million people.

See also: Local Government Motion for Leave to Participate as Amici Curiae in California v. EPA and related Press Release (September 2018)

Amicus Brief in Support of Plaintiffs-Appellees in County of San Mateo v. Chevron Corp. by Michael Burger and Ama Francis (January 2019)

The Sabin Center, together with the Columbia Environmental Law Clinic, submitted an amicus brief on behalf of a local government coalition in the lawsuit brought by San Mateo County and other California cities and counties against fossil fuel companies seeking compensation for the costs of adaptation to sea level rise and other climate change impacts. The coalition members include the National League of Cities, the U.S. Conference of Mayors, and the International Municipal Lawyers Association.

Amicus Brief in support of appeal in New York City v. BP p.l.c. by Michael Burger and Jennifer Danis (November 2018)  

The Sabin Center, together with the Columbia Environmental Law Clinic, submitted an amicus brief on behalf of a local government coalition in New York City’s lawsuit against fossil fuel companies seeking compensation for climate change-related harms and the costs of adaptation. The coalition members include the National League of Cities, the U.S. Conference of Mayors, and the International Municipal Lawyers Association.

Local Government Motion for Leave to Participate as Amici Curiae in California v. EPA by Michael Burger, Jessica Wentz, and Dena Adler, and related Press Release (September 2018)

The Sabin Center submitted a motion on behalf of a local government coalition for leave to participate as “amici curiae” (friends of the court) in the lawsuit challenging the Trump Administration’s decision to revisit the greenhouse gas emission and fuel economy standards established for light-duty vehicles. The coalition members include the U.S. Conference of Mayors (USCM), the National League of Cities (NLC), and sixteen individual cities and counties.

Joint Summary of the Amicus Curiae In Re: National Inquiry on the Impact of Climate Change on the Human Rights of the Filipino People, related Press Release (March 2018)

This brief consolidates and summarizes the key messages and arguments contained in the amicus curiae briefs submitted by legal scholars, experts, and human rights practitioners  in support of the petitioners in the Philippines carbon majors case. Michael Burger and Jessica Wentz made contributions based on the amicus brief they submitted in 2016.

Appeal in the D.C. Circuit Court of Appeals in Physicians for Social Responsibility, et al. v. Pruitt by Michael Burger. The reply brief is available here. (November 2019)

The Sabin Center filed an appeal in the D.C. Circuit Court of Appeals in Physicians for Social Responsibility, et al. v. Pruitt. In this case, Michael Burger is working with the Columbia Environmental Law Clinic to represent two scientists who have challenged EPA's policy banning scientists with EPA grants from the agency's science advisory committees. 

See also: Complaint Challenging Scott Pruitt’s Science Advisory Committee Directive, Columbia Environmental Law Clinic and Earthjustice, related Press Release (December 2017)

In this case, executive director Michael Burger is working with Columbia Environmental Law Clinic as a volunteer attorney to represent independent scientists Robyn Wilson and Joseph Arvai. This lawsuit challenges Scott Pruitt’s directive barring highly qualified, independent scientists from EPA’s science advisory boards.

Amicus Brief on Carbon Capture and Storage Technologies, Michael Burger and Jessica Wentz, and related Press Release (December 2016)

This amicus brief was written on behalf of eleven carbon capture and storage (“CCS”) experts in support of EPA’s emission standard for new coal-fired power plants. The standard is based on the CO2 emission reductions that can be achieved through the implementation of partial CCS, and one of the central issues in the case is whether CCS technologies are adequately demonstrated and available for installation at coal-fired power plants. The brief contains ample evidence corroborating EPA’s determination that these technologies are an adequately demonstrated system of emissions reduction for new coal-fired power plants.

Submission to Philippines Carbon Majors Investigation by Michael Burger and Jessica Wentz (December 2016)

This is a submission to the Philippines Commission on Human Rights in support of a petition submitted by Greenpeace Southeast Asia and the Philippine Rural Reconstruction Movement requesting an investigation into the responsibility of the “Carbon Majors” for human rights violations resulting from the impacts of climate change. The submission outlines the various ways in which climate change interferes with the enjoyment of human rights in the Philippines and around the world, and explains why the private companies can and should be held accountable for human rights violations arising from their contribution to climate change.

Clean Power Plan Amicus Brief by Michael Burger and Justin Gundlach, and related Press Release (April 2016)

More than 50 city and county governments from 28 states, together with The U.S. Conference of Mayors (USCM), the National League of Cities (NLC), and the mayors of Dallas, Knoxville, and Orlando have signed an amicus brief explaining why the U.S. Environmental Protection Agency’s Clean Power Plan is critical to the safety and economic security of local communities across the United States. The brief was authored by the Sabin Center for Climate Change Law at Columbia Law School.

See also: Amicus Motion on Behalf of Cities in Support of EPA’s Clean Power Plan by Michael Burger and Justin Gundlach, December 2015

• Comments on the Occupational Safety and Health Administration’s Advance Notice of Proposed Rulemaking on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings (submitted December 14, 2021)
• Comments in response to FERC's Supplemental Notice on the Technical Conference Discussing Climate Change, Extreme Weather, & Electric System Reliability (submitted September 27, 2021)
• Comments on the Michigan Public Service Commission's request for comments on improving utilities' preparedness for climate change impacts (submitted September 24, 2021)
• Comments on the White House Office of Science and Technology Policy's Request for Information to Improve Scientific Integrity Policies (submitted July 28. 2021) 
• Comments on EPA's Proposal to Rescind the Safer Affordable Fuel Efficient Vehicles Rule Part One (submitted July 6, 2021)
• Comments on Petition to New York PSC to Comprehensively Study the Impacts of Climate Change on Utility Infrastructure (submitted June 28, 2021)
• Comments on petitions for review of orders of the FERC (submitted June 22, 2021)
• Comments in response to SEC's request for information on climate change disclosures (submitted June 11, 2021)
• Comments on NHTSA's Proposed Repeal of the Safer Affordable Fuel-Efficient Vehicles Rule Part One (submitted June 11, 2021)
• Supplemental Comments on FERC's Notice of Inquiry on its Certification of New Interstate Natural Gas Facilities (submitted May 26, 2021)
• Comments on issues raised in FERC's Supplemental Notice of Technical Conference on Climate Change, Extreme Weather and Electric System Reliability (submitted Apr. 15, 2021)
• Comments on the New York Public Service Commission's proposal to require climate-related risk disclosures by utilities (submitted Dec. 9, 2020)
• Comments on Proposed Regulations of the New York State Office of Renewable Energy Siting (submitted December 2, 2020)
  • Attachment: New York State Decarbonization Pathways Analysis
• Comments on DOE's Proposed Revisions to its NEPA Regulations (submitted June 1, 2020)
• Comments on EPA's Proposed Strengthening Transparency in Regulatory Science Rule (submitted May 18, 2020)
• Comments on Proposed NEPA Regulations (submitted March 10, 2020)
• Comments on EPA's Proposed Revisions to the Oil and Gas New Source Performance Standards (submitted November 22, 2019)
• Comments on EPA’s Proposed Revisions to the Power Sector New Source Performance Standards (submitted March 18, 2019)
• Comments on EPA’s Proposed Revisions to the Oil and Gas New Source Performance Standards (submitted November 30, 2018)
• Comments on FERC’s Section 206 Inquiry on PJM Interconnection’s Open Access Transmission Tariff (submitted October 1, 2018)
• Comments on Proposed Amendments to Endangered Species Act (ESA) Regulations (submitted September 24, 2018)
• Comments on FERC’s Notice of Inquiry on its Certification of New Interstate Natural Gas Facilities (submitted June 18, 2018)
• Comments on EPA’s Proposed Repeal of the Clean Power Plan (submitted April 18, 2018)
• Comments on FERC’s Review of Grid Resilience in Regional Transmission Organizations and Independent System Operators (submitted April 13, 2018)
• Comments on BLM’s Proposed Revisions to the Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule (submitted March 26, 2018)
• Comments on EPA’s Notice of Data Availability Issued in Support of its Proposed Two Year Stay of the Oil and Gas New Source Performance Standards (submitted December 7, 2017)
• Comments on BLM’s Proposed Suspension of the Methane Waste Rule (submitted November 6, 2017)
• Comments on DOE’s “Grid Resiliency Pricing Rule” (submitted October 18, 2017)
• Comments on EPA’s Proposed Two Year Stay of the Oil and Gas New Source Performance Standards (submitted August 8, 2017)
• Comments on DOI’s Request for Input on Regulations to Repeal, Replace, or Modify Pursuant to Executive Order 13777 (submitted July 26, 2017)
• Comments on Proposed Amendments to Part 617 Regulations under the New York State Environmental Quality Review Act (submitted May 17, 2017)
• Comments on EPA’s Request for Input on Regulations to Repeal, Replace, or Modify Pursuant to Executive Order 13777 (submitted May 10, 2017)
• Comments on Proposed Sea Level Rise Projections for New York City, 6 NYCRR Part 490 (submitted December 19, 2016)
• Comments on the Federal Highway Administration’s Plan to Develop a Greenhouse Gas Performance Metric for National Highway Assessments (submitted August 18, 2016)
• Comments on the Federal Energy Regulatory Commission (FERC)’s Draft Guidance Manual for Environmental Report Preparation for Applications Filed Under the Natural Gas Act (submitted February 23, 2016)
• Comments on the Council on Environmental Quality (CEQ)’s Revised Draft Guidance on the Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in NEPA Reviews (submitted March 24, 2015)
• Comments on the Revised Proposed 6 NYCRR Part 570 – Regulation of Liquefied Natural Gas Facilities (submitted November 12, 2014)
• Comments on the New York State Department of Public Service’s Long Island Utility 2.0 Plan (submitted November 11, 2014)

• Comments on the Draft Environmental Impact Statement for the Proposed Pebble Project (submitted July 1, 2019 in collaboration with the Emmett Institute on Climate Change and the Environment at the UCLA School of Law)
• Comments on the Proposed Coastal Plain Oil and Gas Leasing Program in the Arctic National Wildlife Refuge (ANWR) (submitted March 13, 2019)
• Comments on the Notice of Intent to Prepare an Environmental Impact Statement for the Proposed 2019 Beaufort Sea Lease Sale in the Beaufort Sea Planning Area (submitted January 3, 2019)
• Comments on the Scope of the EIS for the Proposed Coastal Plain Oil and Gas Leasing Program in the Arctic National Wildlife Refuge (submitted June 19, 2018)
• Comments on the Bureau of Ocean Energy Management’s Call for Information and Nominations for Proposed 2019 Lease Sale in the Beaufort Sea Planning Area (submitted May 30, 2018)
• Comments on the Bureau of Ocean Energy Management’s 2019-2024 OCS Oil & Gas Leasing Draft Proposed Program and the Notice of Intent to Prepare a Programmatic Environmental Impact Statement (submitted March 9, 2018)
• Comment on FERC’s Draft Supplemental EIS for the Southeast Market Pipelines Project (submitted November 17, 2017)
  • Attachment: Burger & Wentz (2017)
• Objection to the U.S. Forest Service’s Decision to Implement the Proposed Action Alternative in the Supplemental Final EIS for Federal Coal Lease Modifications COC-1362 & COC-67232 (West Elk Coal Mine) (submitted October 23, 2017)
• Comments on the U.S. Forest Service’s Supplemental Draft EIS for Federal Coal Lease Modifications COC-1362 & COC-67232 (West Elk Coal Mine) (submitted June 28, 2017)
• Comments on the U.S. Army Corps of Engineer’s Draft EIS for the Millinnieum Bulk Coal Terminal in Longview (submitted November 29, 2016)
• Comments on the Bureau of Land Management’s Proposed Greater Mooses Tooth Development Project (submitted August 19, 2016)
• Comments on the Bureau of Land Management’s Programmatic Review of the Federal Coal Leasing Program (submitted July 26, 2016)
• Comments on the Bureau of Ocean Energy Management (BOEM)’s Draft EIS for the Proposed 2017-2022 OCS Oil and Gas Leasing Program (submitted May 2, 2016)
• Comments on the U.S. Forest Service’s Supplemental Draft Environmental Impact Statement for the Proposed Exception to the Colorado Roadless Rule (submitted January 15, 2016)
• Comments on the Bureau of Ocean Energy Management’s 2017-2022 OCS Oil & Gas Leasing Draft Proposed Program and the Scope of the Programmatic Environmental Impact Statement (submitted March 30, 2015)