News & Analysis as of

Greenhouse Gas Emissions Environmental Claims

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - September 2024

In this week’s edition, we discuss the UK’s advertising regulator’s continued focus on greenwashing enforcement – this time, in relation to Virgin Atlantic and its use of sustainable aviation fuel. We also discuss the latest...more

Beveridge & Diamond PC

EU Cracks Down on Environmental Claims (Updated)

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Update: On February 20, the Empowering Consumers for the Green Transition Directive (the “Directive”) received final approval from the European Council and was published in the Official Journal of the EU on March 6, 2024. The...more

Jones Day

Climate Litigation in Australia Remains Active

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Australia continues to be a highly active jurisdiction for climate-related lawsuits. Since our last update in August 2023, we have seen a steady stream of suits commenced against corporations and government bodies in relation...more

Beveridge & Diamond PC

EU Cracks Down on Environmental Claims

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Key Takeaways - On January 17, the European Parliament approved the Empowering Consumers for the Green Transition Directive (the “Directive”), aimed to improve environmental marketing practices and ban the use of...more

Holland & Knight LLP

CFTC Moves to Set Voluntary Carbon Market Standards

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The Commodity Futures Trading Commission (CFTC) issued proposed guidance (the Proposed Guidance) regarding the listing of voluntary carbon credit (VCC) derivatives on CFTC-regulated exchanges on Dec. 4, 2023. The CFTC's goal...more

Kelley Drye & Warren LLP

Lawsuit Questions Use of Carbon Offsets to Substantiate Green Claims

Plaintiffs recently filed a class action lawsuit against Delta, alleging that the airline’s “carbon-neutral” claims, such as: “Carbon Neutral Since March 2020,” and “travel confidently knowing that we will offset the carbon...more

Pillsbury Winthrop Shaw Pittman LLP

An Updated Look at Civil Liability and Litigation Risks Associated with Climate Change

Climate change litigation has become a global phenomenon, as scientists, agencies, and the general public increasingly associate wildfires, droughts, flooding, hurricanes, heat waves and other events with changing climate. ...more

BCLP

France and climate change: State failure and liability for environmental harm

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While the technical feasibility of a decarbonised economy essentially based on renewable energies is taking shape, the French Republic has just been found liable for environmental harm in relation to climate change by the...more

Nossaman LLP

Greenhouse Gas Emissions Analysis: Court Finds Expert State Agency Data Not Good Enough

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On September 28, 2018, the Fourth District Court of Appeal in Golden Door Properties, LLC v. County of San Diego (“Golden Door”) invalidated the County of San Diego’s recommended efficiency metric for analyzing the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Hogan Lovells

D.C. Circuit's Atlantic Sunrise stay creates uncertainty for pipeline developers

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Earlier this week, the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay of the Federal Energy Regulatory Commission’s (FERC) approval of Transcontinental Gas Pipe Line Company,...more

Pillsbury Winthrop Shaw Pittman LLP

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Nossaman LLP

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

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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

Katten Muchin Rosenman LLP

U.S. Supreme Court Briefing of Greenhouse Gas Cases Underway Oral Argument Scheduled for February 24, 2014

Briefing before the U.S. Supreme Court is currently underway in a matter involving challenges to the suite of greenhouse gas (GHG) cases decided by the U.S. Court of Appeals for the District of Columbia Circuit in December...more

Akin Gump Strauss Hauer & Feld LLP

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

Best Best & Krieger LLP

Court of Appeal Rules Setting Thresholds is Not a "Project" Under CEQA - Air District’s CEQA Thresholds for Greenhouse Gases...

Yesterday, the Court of Appeal for the First District issued its ruling in California Building Industry Association v. Bay Area Air Quality Management District. In a win for public agencies, the court held that establishing...more

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