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Citizen Suits Greenhouse Gas Emissions

Foley Hoag LLP - Environmental Law

What's the Future for Climate Litigation in the US After Juliana?

On Wednesday, the 9th Circuit granted a petition for mandamus from the United States and ordered the District Court to dismiss the complaint in Juliana v. United States. The 9th Circuit had previously ordered the case...more

Jenner & Block

Montana State Court Sides with Youth Plaintiffs in Unique Climate Change Lawsuit (Corporate Environmental Lawyer )

Jenner & Block on

On August 14, 2023, a Montana state court found that a Montana environmental review statute (the Montana Environmental Policy Act or MEPA) that limited (and as amended in May 2023, precluded) consideration of greenhouse gas...more

Foley Hoag LLP - Environmental Law

Montana Youth Plaintiffs Prevail: One-Off or Tidal Wave?

Yesterday, the plaintiffs prevailed in the Montana climate litigation. Time will tell whether the decision will end up being seen as a watershed moment or just a blip. In trying to answer that question, it does seem worth...more

Downey Brand LLP

Tenth Circuit Decision Reinforces Federal Clean Air Act Citizen Suits Against Mobile Sources

Downey Brand LLP on

In its recent decision in Utah Physicians for a Healthy Environment (UPHE) v. Diesel Power Gear, LLC, et al., a matter involving the hosts of Discovery Channel’s popular show “Diesel Brothers,” the Tenth Circuit Court of...more

Smith Gambrell Russell

"Diesel Brothers" Clean Air Act Lawsuit Threatens to Greatly Expand Standing Under Citizen Suits

Smith Gambrell Russell on

A Federal District Court in Utah ruled that a group of physicians had standing to sue the host of a popular television show, “Diesel Brothers,” for alleged violations of the Clean Air Act resulting from modifications to...more

WilmerHale

Ninth Circuit Watch: Panel Holds That Climate Change Activists Lack Standing to Sue Federal Government

WilmerHale on

On January 17, a divided panel of the U.S. Court of Appeals for the Ninth Circuit held in Juliana v. United States that a coalition of young people lacked standing to require the federal government to develop a plan to “phase...more

Foley Hoag LLP - Environmental Law

The Dutch Government Also Doesn’t Like Citizen Climate Litigation

As a follow-up to my June 27 post about the dismissal of public nuisance claims brought by the City of Oakland and the State of California against five oil majors concerning their contribution to climate change, I note that...more

Foley Hoag LLP - Environmental Law

State Programs to Encourage Zero-Emitting Generation are Really, Really, Constitutional

Hard on the heels of decision upholding the Illinois “zero-emission credit” program to prop up nuclear plants in that state, Judge Valerie Caproni of the South District of New York has now upheld a similar ZEC program in New...more

Foley Hoag LLP - Environmental Law

Will There Be a Trial on Climate Change Public Trust Claims? It’s Looking that Way.

Last November, the District Court of Oregon denied the motion of the United States to dismiss claims that the United States had violated a public trust obligation it owes to US citizens to protect the atmosphere from climate...more

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