Petition Litigation

/Petition Litigation
Petition Litigation 2017-03-28T13:21:09+00:00


E&E Legal is the national leader in strategic free market environmental litigation. It has published treatises on and filed landmark cases under the 10th Amendment, protecting the prerogatives of state and local government. It has established and prosecuted precedential dormant commerce clause litigation attacking state climate change legislation that mandates high-cost, low value renewable energy in place of low-cost, high value natural gas and coal-based energy.

As a leader in these areas of law, E&E Legal has been asked for and provided legal guidance to staff at the Pacific Legal Foundation, the Goldwater Institute, Cause of Action, and Attorneys General in multiple states. The Law Center, in conjunction with the Thomas Jefferson Institute, the Oklahoma Council of Public Affairs, the Independence Institute, the Goldwater Institute, and a dozen other state policy institutes, has forged a state-based community of leaders on energy and environmental issues as one element of the State Policy Network’s national efforts to foster and refresh federalism. E&E Legal has been asked to formulate a standing capacity to provide 10th amendment litigation support to Attorneys General and is preparing a proposal to supply its expertise, possibly in conjunction with an academic institution.

Dr. David Schnare, an adjunct professor of law at George Mason University School of Law, is particularly well situated to forge a broader academic alliance with other faculty at GMU Law for this purpose.

E&E Legal holds governments accountable when they violate their own rules, whether administrative or Constitutional. Central to our strategy is a petition-litigation practice that requires courts to reevaluate prior decisions, hold rogue agencies and government employees accountable, and puts false science on trial. Our primary targets is the corrupt, missing or misplaced information that drives selective federal agencies like EPA, as well as state and local mandates. When radical environmentalists, especially those on the government payroll, present invalid or unproven evidence to force companies or individuals to comply with unnecessary and burdensome regulations, E&E Legal holds their feet to the fire.

There are a number of highly effective avenues through which to challenge federal and state over-reaching. E&E Legal uses each and teaches others how to as well. To maximize our impact, we carefully weigh each potential case for favorable evidence, facts, case law, public relations potential, and especially implications upon likely future legal and legislative action. In the same manner as the environmental Left, our victories may result in the recovering of attorney fees, allowing us to build the organization and expand our legal agenda. We are optimistic that today’s successes will also have the benefit of securing for free markets a more favorable legal climate tomorrow.

Case Filings

E&E Legal posts to our website most of our flings and other court actions related to our petition litigation efforts.  Visit here to view our legal filings organized by case.