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Appeals Climate Change

Dechert LLP

Dechert Re:Torts - Issue 18

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Bipartisan Momentum Builds to Shine Light on Litigation Funders - In October 2023, we discussed the efforts by Senators Joe Manchin (D-WV) and John Kennedy (R-LA) to address the concerns presented by opaque third-party...more

Mintz

These Environmental NGOs should stick to trying to end the climate crisis and not stoke skepticism about our justice system.

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I was sad to see the Law 360 report that a coalition of environmental and human rights NGOs have petitioned President Biden to pardon former attorney Steven Donzinger who was jailed for criminal contempt of court in 2021,...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Alberta se prononce sur l’expropriation déguisée dans le secteur des ressources naturelles

Dans son arrêt récent dans l’affaire Altius Royalty Corporation v. Alberta (l’« affaire Altius »), la Cour d’appel de l’Alberta (la « CAA ») a statué que le plan mis de l’avant par le gouvernement de l’Alberta pour éliminer...more

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

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On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Blake, Cassels & Graydon LLP

Alberta Court of Appeal Provides Guidance on Constructive Expropriation Claims in the Natural Resource Sector

In its recent decision in Altius Royalty Corporation v. Alberta (Altius), the Court of Appeal of Alberta (Court of Appeal) ruled that the Government of Alberta’s plan to phase out coal-fired electricity generation emissions...more

Goldberg Segalla

Appeals Court Rules Californi-missions Standards Can Stay High

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It all started in the early 40’s, when the smog was so bad in California that visibility was measured in city blocks, and people suffered from nausea, stinging eyes, and difficulty breathing. By the 50’s, the California...more

Keating Muething & Klekamp PLL

New SEC Climate Disclosure Rules – Temporarily Stayed

On March 15, 2024, the U.S. Court of Appeals for the Fifth Circuit issued a stay of the Securities and Exchange Commission’s new climate-disclosure rules, which were adopted March 6. The three-judge panel granted the requests...more

Pillsbury Winthrop Shaw Pittman LLP

SEC’s Climate Disclosure Rules Could Collide with California’s Laws

The SEC’s new climate regulations generate uncertainty for companies that must comply with both the SEC’s and California’s climate-related disclosure requirements. On March 6, 2024, the U.S. Securities and Exchange...more

Skadden, Arps, Slate, Meagher & Flom LLP

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices

A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more

Foley Hoag LLP - Public Companies & the Law

Stay of SEC’s Climate Rules Lifted (for now)

The Eighth Circuit has the power to reimpose the stay, either on the same or different terms. Companies affected by the climate rules should continue to monitor the case for further developments....more

ArentFox Schiff

Three Cases Highlight the Importance of Judicial Branch Procedural Rules in Resolving Policy Disputes

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Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making? ...more

Foley Hoag LLP - Energy & Climate Counsel

Federal Court of Appeals Stays SEC Climate Rule

On Friday, March 15, 2024, the United States Court of Appeals for the Fifth Circuit issued an administrative stay on the application of the SEC’s new rules regarding climate-related disclosures for investors, which we covered...more

Mintz

That Didn't Take Long . . . Fifth Circuit Temporarily Blocks New SEC Climate Disclosure Rule

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Today, the Fifth Circuit Court of Appeals issued an administrative stay of the SEC's recent climate disclosure rule, which was issued last Wednesday, March 6, 2024. The unpublished order by a three judge panel (Jones,...more

Davis Wright Tremaine LLP

The Oregon Climate Protection Program Is Dead. Long Live the Climate Protection Program?

The Oregon Department of Environmental Quality (DEQ) just announced that it would not appeal a recent decision by the Oregon Court of Appeals invalidating the Climate Protection Program (CPP), Oregon's sweeping administrative...more

Blake, Cassels & Graydon LLP

La Cour d’appel fédérale donne un nouveau souffle à des revendications climatiques

La Cour d’appel fédérale (la « CAF ») a rétabli, en partie, deux requêtes contestant la politique et la législation du gouvernement fédéral en matière de climat. Le 13 décembre 2023, la CAF a rendu sa décision dans l’affaire...more

Blake, Cassels & Graydon LLP

Federal Court of Appeal Breathes New Life Into Climate Claims

The Federal Court of Appeal (FCA) has, in part, revived two claims challenging the federal government’s climate policy and legislation. On December 13, 2023, the FCA issued its decision in La Rose v. Canada, permitting the...more

Mintz

This never-ending NIMBY challenge to the Vineyard Wind project illustrates that we may be winning renewable energy battles but...

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Over two years ago I wrote about a lawsuit filed by a Connecticut-based solar farm developer with a summer home in Martha's Vineyard seeking to enjoin the Vineyard Wind project off the Massachusetts coast. This particular...more

Foley Hoag LLP - Environmental Law

Red States Still Have Nothing to Complain About Regarding the Social Cost of Carbon

Today, the 5th Circuit Court of Appeals dismissed for lack of standing claims by a number of states challenging the Biden Administration’s Interim Estimates of the Social Cost of Carbon.  The Court had telegraphed this...more

McDermott Will & Emery

PTO Adds Green Energy Category to Patents for Humanity Program

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On March 6, 2023, the US Patent & Trademark Office (PTO) introduced a new green energy category to its Patents for Humanity Program. This new award category provides business incentives for patent applicants, holders and...more

Mintz

This Federal Court reminds us that most of the Executive Branch's environmental protection authority comes from Congress

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Inside EPA is reporting this morning that a three judge panel of the 10th Circuit Court of Appeals has joined the 9th Circuit Court of Appeals in upholding the constitutionality of the Congressional Review Act. The Act...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Evolving Climates in the US and UK for Environmental Damage Claims

The November 2022 United Nations Framework Convention on Climate Change (COP27) spotlighted the political and diplomatic challenges of compensating damages caused by climate change. At the same time, fundamental questions...more

White and Williams LLP

Top Developments – November 2022

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SPOTLIGHT: Third Circuit Court of Appeals Affirms No Coverage for Sex Trafficking Claims - In Nautilus Insurance Co. v. Motel Management Services Inc., the Court of Appeals granted a motion for judgment on the pleadings...more

King & Spalding

West Virginia v. EPA: The Forecast is Cloudy for Environmental and Agency Regulation

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The United States Supreme Court recently issued its long-awaited opinion in West Virginia v. EPA, significantly restricting the Environmental Protection Agency’s (“EPA”) authority to combat climate change and regulate carbon...more

Foley Hoag LLP - State AG Insights

Losses Continue to Mount For ExxonMobil in its Fight to Prevent State Attorney General Climate Investigations

On March 15, 2020, the Second Circuit rejected an appeal brought by ExxonMobil attempting to block investigations by the New York and Massachusetts Attorneys General into historical claims made by Exxon regarding climate...more

White & Case LLP

Sharma v Minister for the Environment: A setback for climate change claimants as landmark decision is overturned on appeal

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In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more

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