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Clean Air Act Ruling May Curb Suits

Last month, the 9th U.S. Circuit Court of Appeals declined to re-hear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could be a major hurdle for plaintiffs in...more

Ninth Circuit Denies Rehearing of Clean Air Act Suit and War of Words Ensues

On February 3, 2014, the United States Court of Appeals for the Ninth Circuit declined to rehear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could significantly...more

The Eyes of Texas are upon a Subsurface Trespass Case

The Texas Supreme Court is now poised to decide whether subsurface migration of fluids from an approved injection well may constitute an actionable trespass under Texas common law. Recently accepting a petition for review in...more

The Top 6 At 12: Highlights Of The Top Climate Change Legal Stories In The Second Half Of 2013

2013 has drawn to a close; here is our take on the top six climate change legal stories in the last six months. 1. Climate Change Assessments - Blockbuster legislation may have been evaded once more but that has not...more

California Environmental Law and Policy Update - December 19, 2013

California plans tighter control of hydraulic fracturing, but not enough for some - New York Times - Dec 13: California oil and gas companies using hydraulic fracturing to tap the nation’s largest oil shale formation...more

Citizens Are Not Harmed By the Concept of Pollution Trading: A Challenge to the Chesapeake Bay TMDL Is Dismissed

On December 13, the District Court for the District of Columbia dismissed plaintiffs’ challenge in Food and Water Watch v. EPA to the Chesapeake Bay TMDL’s discussion of pollution trading and offsets. As I had previously...more

"The Weakest Link For Climate Change Plaintiffs"

In a case seeking to compel the Washington Department of Ecology and two regional agencies in the state of Washington to regulate greenhouse gases under the Clean Air Act, the Ninth Circuit Court of Appeals ruled that the...more

Litigation Risks in Texas Are Reduced –The Merits of New Trial Orders by Texas Courts Are Now Subject to Appellate Review

Significant oil and gas exploration and development has occurred and continues to occur in South Texas. Whenever an injury, death, or environmental damage results from these operations, a defendant energy company have often...more

Despite Bell, State Law CO2 Liability Claims Are Doomed

“Therefore, the court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical...more

Another Judicial Assault On GHG Emissions

The federal courts barred federal common law nuisance actions to obtain money damages or injunctive relief. American Elec. Power Co. v. Connecticut, 131 S. Ct. 2527 (2011)(holding nuisance claims seeking injunctive relief...more

Whatever Happened To State Law Carbon Dioxide Liability Claims? Still No Music After Bell

“Therefore, the Court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical...more

The Ninth Circuit Dismisses Suit on Greenhouse Gas Regulation: Science Not Sufficient To Support Causal Link To Plaintiffs’ Injury

On October 17, 2013, the Ninth Circuit ruled that it lacked jurisdiction to consider a challenge to Washington’s failure to regulate greenhouse gas (GHG) emissions from the state’s five oil refineries under the Clean Air Act....more

Louisiana is Walking on Eggshell Skulls

Ground zero for climate change and rising sea levels in the United States is not a status to which any state aspires. Florida distastefully remembers 2005 when four hurricanes — Charley, Frances, Ivan and Jeanne — roared...more

Lone Pine Orders Called Into Question In Colorado

A Lone Pine order is a case management tool often utilized by courts in complex multi-party toxic tort cases to organize plaintiffs’ claims and to focus the parties on key issues early in the litigation. A Lone Pine order...more

Court Decision Emphasizes the Importance of a Preventive System in Discharging Environmental and Health and Safety Obligations

In a recent decision, the Ontario Court of Justice convicted Sunrise Propane Energy Group Inc. and 1367229 Ontario Inc. (the Companies), and their directors, Shay Ben-Moshe and Valery Belahov (the Directors), of multiple...more

DISPUTE RESOLUTION: Tort Litigation: Global Warming Litigation Goes Cold

Within a matter of just a few days, the federal courts put an end to climate change litigation, including one case that had originated in 2005 in the wake of Hurricane Katrina....more

Georgia Court Of Appeals Upholds Class Certification In Air Pollution Case

The Georgia Court of Appeals, on July 16, issued its opinion affirming the Effingham County Superior Court’s decision to certify a class consisting of the owners of properties neighboring Georgia-Pacific’s Savannah River...more

Walking On Eggshell Skulls: Louisiana's Levees Take On The Oil And Gas Industry Over Coastal Land Degradation

Ground zero for climate change and rising sea levels in the United States is not a status to which any state aspires. ...more

Colorado Ruling Raises Stakes in Fracking Litigation and Beyond

In an Independence Day gift to plaintiffs, the Colorado Court of Appeals ruled in Strudley v. Antero Resources Corp., No. 12CA1251 (July 3, 2013), that Colorado law does not allow pre-discovery Lone Pine orders, often used by...more

Not a Good Week for Private Climate Change Litigation: The Supreme Court Denies Review in Kivalina

It has not been a good run for plaintiffs in private climate change litigation. As we noted last week, the 5th Circuit Court of Appeals affirmed dismissal in Comer v. Murphy Oil. Now, on Monday, the Supreme Court denied...more

Jarndyce v. Jarndyce Has Nothing On Comer v. Murphy Oil: The Fifth Circuit Court of Appeals Affirms Dismissal

Readers of this blog will recall the bizarre history of Comer v. Murphy Oil. In 2005, Plaintiffs brought tort claims against major GHG emitters, claiming that those emissions, by causing global warming, led to plaintiffs’...more

Courts To Rule On Wind Issues

Seventeen neighbors of the Consumers Energy Lake Wind Energy Park have filed a complaint in Mason County claiming the wind farm has negatively impacted property values and caused sleep disruption, headaches, ringing ears,...more

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

Texas Court Allows Defamation Claim Against Landowner to Proceed

On Monday, Texas’s Second District Court of Appeals partially affirmed a District Court order allowing Range Resources Corporation’s (“Range”) defamation and business disparagement claims against a landowner to...more

Native Village Of Kivalina Files Its Petition For Certiorari - A Five-Year Climate Change Litigation Marathon That Has Yet To...

One day short of five years since the case was originally filed, on February 25, 2013 the plaintiffs in Native Village of Kivalina v. ExxonMobil Corp. attempt once more to get out of the starting blocks, this time with a...more

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