Comments and Legal Briefs

The Sabin Center frequently engages with federal, state and local agencies by submitting comment letters urging decision-makers to account for the causes and effects of climate change when deciding whether and how to proceed with proposed regulations, guidance documents, and projects undergoing environmental reviews.  On some occasions, we also engage directly with courts by submitting amicus briefs in cases involving climate change law and policy.

This page contains downloadable copies of all of the Sabin Center’s comment letters and legal briefs. These include:

Legal Briefs and Submissions

Comments on Guidance Documents and Regulations

Comments on Environmental Review Documents

 

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 Environmental Review Documents

The Sabin Center frequently submits comments on the environmental review documents for coastal infrastructure and other proposals that may be vulnerable to the effects of climate change, outlining the ways in which climate change will affect the proposal and encouraging decision-makers to account for these effects.