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Climate Change Constitutional Challenges

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - July 2024 #3

This week, we discuss the first settlement between a state and a group of young plaintiffs who claimed that their government’s inadequate climate policies violated their constitutional right to a healthy environment. We...more

Venable LLP

Environmental Law in a Post-Chevron World

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Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of...more

Jones Day

D.C. Circuit Court of Appeals Rejects Challenge to California's Limits on Automotive Greenhouse Gas Emissions

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In Ohio et al. v. U.S. EPA, on April 9, 2024, the United States Court of Appeals for the D.C. Circuit upheld a decision by the U.S. Environmental Protection Agency ("EPA") to allow California's 2013 greenhouse gas emissions...more

ArentFox Schiff

Ninth Circuit Dismisses Kids’ Climate Case (Again)

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Juliana v. United States — brought by 21 children against the United States and alleging that the government has failed to adequately respond to climate change — has ping-ponged through the federal court system since 2015. ...more

Mintz

European Court of Human Rights Declares Switzerland Failed to Adequately Address Climate Change

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Today, the European Court of Human Rights issued a decision holding that Switzerland violated the human rights of its citizens by failing to adequately protect them from climate change. Specifically, the Court held that...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 The unpublished order by a three judge panel (Jones,...more

Quarles & Brady LLP

California’s New Climate Disclosure and GHG-Related Claims Laws

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On October 7, 2023, Governor Gavin Newsom signed into law a trio of climate-related bills that will impact what companies doing business in California must (or can) say about their greenhouse gas (GHG) emissions and the...more

ArentFox Schiff

Oregon District Court Permits Portions of Childrens’ Federal Climate Case to Proceed

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Climate change litigation continues in the headlines, this time with an Oregon federal court evaluating claims by 21 children that the federal government violated their constitutional right to a habitable environment. In...more

Cadwalader, Wickersham & Taft LLP

Montana Court Finds State Energy Policy Unconstitutional

As we touched on last week, on August 14, the Montana First Judicial District Court, Lewis and Clark County, entered its Findings of Facts and Conclusions of Law in Held v. State of Montana, et al. striking down certain...more

Verrill

Montana Court Upholds Constitutional Right to Safe Climate

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Last week, in Held v. State of Montana, the First Judicial District Court of Lewis and Clark County issued a groundbreaking decision in favor of sixteen youth plaintiffs who challenged a Montana environmental review law that...more

Holland & Hart LLP

Montana Court Rules State Agencies Must Consider GHG/Climate Impacts in Fossil Fuel Approvals

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On August 14, 2023, Judge Kathy Seeley issued a decision in the Held case that impacts state fossil fuel permit holders and current and future permit applications. Judge Seeley found unconstitutional a Montana statute that...more

White and Williams LLP

Montana Trial Court Holds That Youths Have Standing to Bring Constitutional Claims Against State Government For Alleged Climate...

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On August 14, 2023, in a “landmark” ruling, a Montana state court held that youth plaintiffs had standing to assert constitutional claims against the State of Montana, its governor and state agencies for “ignoring” the impact...more

Cadwalader, Wickersham & Taft LLP

Montana Residents Challenge State Energy Policy as Unconstitutional

A trial has been scheduled for June 12 in a case involving climate-related constitutional challenges to actions by the State of Montana, its governor, and various state agencies. In Held v. Montana, sixteen Montana...more

Goldberg Segalla

Kids File Climate-Change Suit Against Their Home State, Alleging Betrayal 

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Faced with back-to-back years of unprecedented flooding, wildfires, and soaring temperatures, sixteen teens and children from Montana, ages 2-18, are suing their home state in what may precipitate the next wave of...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

Hogan Lovells

German Constitutional Court rejects complaints against federal states' climate protection laws

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In its decision of 18 January 2022, the German Federal Constitutional Court rejected several constitutional complaints against climate protection laws on the federal state level. Further to its seminal 2021 Climate...more

White & Case LLP

German Federal Constitutional Court Refuses to Hear Climate Activists’ Complaints

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On 2 February 2022, the German Federal Constitutional Court ("GFCC") published an order dated 18 January 2022 by which it refused to hear the case of eleven constitutional complaints of young climate activists. The complaints...more

(ACOEL) | American College of Environmental...

Canada Given Green Light to Carbon Pricing: Why the Supreme Court of Canada’s Decision Should Matter to Those South of Our...

On March 25, 2021, the Supreme Court of Canada upheld the Greenhouse Gas Pollution Pricing Act (“GGPPA”), which establishes a national pricing benchmark for greenhouse gas (“GHG”) emissions. Reference re Greenhouse Gas...more

Allen Matkins

Sustainable Development and Land Use Update - March 2021

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Justice Department to appeal judge’s order on eviction moratorium - Los Angeles Times – February 27 - The Justice Department will appeal a judge’s ruling that found the federal government’s eviction moratorium to be...more

Allen Matkins

California Environmental Law & Policy Update - March 2020

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California approves ambitious new plan to deal with climate change and sea-level rise - San Francisco Chronicle – February 26 - The state's Ocean Protection Council, the cabinet-level policy body within the California...more

Bennett Jones LLP

Climate Change Class Action Dismissed as Non-Justiciable

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After much legal wrangling since the claim was launched against the U.S. federal government and the Office of the President of the United States in 2015, the U.S. Court of Appeals for the Ninth Circuit recently dismissed the...more

(ACOEL) | American College of Environmental...

Court-Ordered Reductions Of Greenhouse Gases? The Urgenda And Juliana Decisions

Two major climate change cases were decided in the last month—State of the Netherlands v. Urgenda (Dec. 20, 2019) and Juliana v. United States (Jan. 17, 2020).  They illustrate sharply contrasting views about the role of...more

Robins Kaplan LLP

Financial Daily Dose 10.21.2019 | Top Story: Four Drug Companies Reach Last-minute Deal to Avoid Start of Federal Opioid Trial

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A last-minute deal between defendants McKesson, Cardinal Health, AmerisourceBergen, and Teva and plaintiffs’ attorneys means that multidistrict opioid epidemic litigation set to kick off in Ohio federal court today will not...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2019 #2

New Sulfur Caps for Shipping Fuels Will Help Make the Shale Boom Even Bigger "Now the shale revolution will help shippers across the world comply with the International Maritime Organization's 2020 standards, called "IMO...more

Jones Day

Is Fossil Fuel Running on Empty? The Implications of Climate Change Mitigation

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The Situation: Proposed resolutions in Congress and an injunction request in a Ninth Circuit case both seek significant reductions in fossil fuel use throughout the economy. The Result: In the near term, it is easy to...more

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