Climate Alarmists’ “Kids’ Suit” Barred By Separation of Powers

Commentary, Federal Courts of Appeals /

This post was reprinted on January 27, 2020 by the Washington Legal Foundation under the title “No Redress: Future Generations’ Overheated Climate-Related Suit Doesn’t Stand”  Ninth Circuit Holds That “Kids’ Suit” Plaintiffs Lack Standing On January 17, 2020, climate-change activists ran into a man-made constitutional roadblock called the separation of powers. A Ninth Circuit panel […]

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How Far Does the First Amendment Go To Protect Public Debate About Climate Change?

Commentary /

When the Supreme Court denies certiorari, i.e., declines to hear an appeal, it normally issues a one-line order without explanation. Sometimes, however, one or more Justices will file a formal dissent discussing why the Court should have granted review. Justice Alito’s November 25, 2019 dissent from the denial of certiorari in two related defamation suits,

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Amicus Brief Urges Supreme Court To Rule On Federal Contractor Right To Immediately Appeal Immunity-From-Suit

All Amicus Briefs, DRI, Other Amicus Briefs, US Supreme Court /

This week I filed on behalf of DRI-The Voice of the Defense Bar, through its Center for Law and Public Policy, an amicus curiae brief urging the Supreme Court to review a question that is fundamental to civil litigation fairness: When a private party sues a federal contractor for alleged tortious conduct in connection with

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EPA Regulation of Wood Preservatives Has Its Limits

All Publications, Published Articles /

It has been my privilege to advise and represent the Creosote Council since its founding almost 35 years ago. This month, Dave Webb, who is the Creosote Council’s Administrative Director, and I have published a peer-reviewed, open-access article, Scope and Application of the FIFRA Treated Articles Exemption, in the Journal of Transportation Technologies. Our article

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A Digital Conversation Between Jay Vroom, Trade Association Veteran & Agribusiness Expert, and Larry Ebner

News /

Jay Vroom probably knows as much about the issues confronting the agricultural industry—“agribusiness”—as most anyone in Washington, D.C. In 2018 he stepped down as President and CEO of CropLife America, where he represented the nation’s crop protection pesticide and biotechnology innovators, producers, and distributors for three decades. Earlier in Jay’s career—after growing up on his

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Larry Ebner Joins DRI Center for Law and Public Policy Leadership Team

DRI /

I am honored to be joining the DRI Center for Law & Public Policy’s leadership team — Kathy Guilfoyle (Chair), Gardner Duvall and I (Co-Vice Chairs), Steve Puiszis (Immediate Past Chair), Toyja Kelley (DRI Immediate Past President & Officer Liaison), Jill Cranston Rice (Issues & Advocacy Committee Chair), Joseph Hanna (External Policy Allilance Committee Chair),

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“Friendly Guidance” from the Supreme Court Clerk

Amicus Strategy & Procedure, Commentary, US Supreme Court /

The Clerk of the Supreme Court of the United States has posted a Memorandum To Those Intending To File An Amicus Curiae Brief (October 2019). For attorneys with experience authoring and filing Supreme Court amicus briefs — see Learning the High Art of Amicus Brief Writing — the Clerk’s guidance does not contain any earthshaking

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Supreme Court Urged To Hear Appeal About Saving Jobs For People Who Are Blind

All Amicus Briefs, Other Amicus Briefs, US Supreme Court /

The federal AbilityOne Program, administered by the AbilityOne Commission, provides employment opportunities for tens of thousands of people who are blind or severely disabled. These skilled and dedicated individuals work at § 501(c)(3) nonprofit agencies (“NPAs”) that manufacture or provide a wide variety of products or services needed by the federal government. To create and

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Starry, Starry Fight? Justices Debate “Stare Decisis”

All Publications, Published Articles, US Supreme Court /

Late last term, the U.S. Supreme Court issued several decisions that reveal, in a variety of contexts, the justices’ current thinking on the role and application of stare decisis. My new Legal Backgrounder for the Washington Legal Foundation,  The Fuss Over “Stare Decisis”: Four October Term 2018 Rulings Open Window to Justices’ Current Thinking, discusses

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Larry Ebner Is Celebrating His 3rd Anniversary As An Independent Appellate Advocate

News /

I opened my appellate litigation boutique, Capital Appellate Advocacy PLLC, on September 1, 2016. Practicing law as an independent professional has been extraordinarily fulfilling. During the past three years I have been able to focus on clients’ needs and problems in a highly personalized, hands-on way – and apply the legal experience, skills, and knowledge

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