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Connecticut Lawsuit Against Major Fossil Fuel Company Survives Motion to Dismiss

A couple of weeks ago, a lawsuit brought by the State of Connecticut against a major fossil fuel company, alleging various violations of the consumer protection laws in Connecticut (specifically, the Connecticut Unfair Trade...more

State Court Dismisses Climate Change Tort Lawsuit

About a month ago, one of the myriad climate change tort lawsuits brought by state and local governments against major fossil fuel producers was dismissed by a state court judge in Baltimore, Maryland. (These lawsuits have...more

Energy & Sustainability Litigation Updates – August 2024

Regulatory Updates - Governor Newsom (D-CA) recently proposed a two-year delay to California’s sweeping new mandatory climate disclosures, which apply to all large companies—public or private—doing business in California....more

Puerto Rico Launches Climate Tort Lawsuit Against Fossil Fuel Companies

Puerto Rico has become the latest governmental entity to launch a lawsuit against the major fossil fuel companies concerning tort claims related to climate change. These lawsuits have proliferated in state courts in recent...more

Another Major European Bank Withdraws From Fossil Fuel Financing

Credit Agricole SA, the second-largest bank in France, will no longer participate in fossil fuel financing. Specifically, a spokesperson for this bank stated that it would “no longer participate in bond issuances for oil and...more

Republican AGs Seek Intervention of U.S. Supreme Court to Block Climate Change Lawsuits filed by Blue States Against Fossil Fuel...

A coalition of Republican state attorneys-general representing nineteen states (Alabama, Alaska, Florida, Georgia, Idaho, Iowa, Kansas, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South...more

Michigan AG Announces Intent to Pursue Climate Change Tort Litigation Against the Fossil Fuel Industry

Last week, the Attorney General of Michigan announced that her office “will begin seeking proposals from attorneys and law firms . . . to pursue litigation related to the climate change impacts caused by the fossil fuel...more

Major European Bank Withdraws From Fossil Fuel Financing

This week, “BNP Paribas SA, the European Union's biggest bank” stated that it “is no longer participating in conventional bond issuance for” “oil and gas producers.”  In essence, BNP Paribas has announced that it will cease...more

Fifth Circuit Upholds (For Now) SEC Rules Concerning ESG Proxy Votes

On May 10, 2024, the Fifth Circuit rejected an attempt by the States of Texas, Louisiana, West Virginia, and Utah to invalidate an SEC rule “requiring funds to disclose their votes on environmental, social, and governance...more

Oklahoma Judge Temporarily Blocks Law Penalizing Companies Engaged in Fossil Fuel Boycott

Earlier this week, a state court judge in Oklahoma issued a temporary restraining order that blocks--for now--enforcement of an Oklahoma law that deprives companies deemed to boycott the fossil fuel industry of the ability to...more

Significant Rise in Global Climate Litigation

As recently reported by Columbia Law School's Sabin Center for Climate Change Law, “the number of climate-related cases filed globally each year has increased from a handful in the early 2000s to a few hundred annually since...more

Ninth Circuit Orders Dismissal of Constitutional Climate Litigation Case

Yesterday, the Ninth Circuit issued an order dismissing the Juliana litigation. In this case, the plaintiffs had asserted that the government had knowingly violated their due process rights by encouraging and permitting the...more

Delaware Court Significantly Limits the State of Delaware's Climate Change Lawsuit Against Major Fossil Fuel Companies

On January 9, 2024, a Delaware state court judge issued his opinion on the various motions to dismiss filed in the case brought by the State of Delaware against the major fossil fuel companies. (This case is one of...more

Supreme Court Rejects Efforts By Fossil Fuel Companies to Litigate Climate Change Issues in Federal Court

Today, the Supreme Court denied the writ of certiorari filed by the major oil companies in a pair of significant climate change cases. Specifically, the fossil fuel companies had sought review of a decision by the Third...more

President Biden Issues First Veto to Protect ESG Investing

Today, President Biden issued the first veto of his presidency. This action had been heavily telegraphed in advance and was widely expected. Nonetheless, this veto is extraordinarily significant....more

Texas AG Bars Major Bank from Underwriting Municipal Bond Offerings in Texas Due to Alleged Discrimination Against Firearms...

Last week, it was reported that the Texas Attorney General would "not approve any public security" which was purchased or issued by a major bank due to alleged discrimination against the firearms sector. In 2021, Texas had...more

Energy & Sustainability Litigation Updates - January 2023

Climate Change Litigation: Beginning in 2017, an array of state and local governments began pursuing claims against major fossil fuel producers — particularly the major oil companies (Chevron, Exxon, BP, Shell, and...more

Latest Climate Change Tort Lawsuit Brings Civil RICO Claims

Beginning in 2017, an array of state and local governments have pursued tort claims against major fossil fuel producers (e.g., the major oil companies) alleging, inter alia, common law claims of nuisance based upon the...more

Energy & Sustainability Litigation Updates — September 2022

Climate Change Tort Litigation - Beginning in 2017, an array of state and local governments have pursued claims against major fossil fuel producers — particularly the major oil companies (Chevron, Exxon, BP, Shell, and...more

Texas Identifies Financial Companies Targeted For Divestment Due to "Energy Boycott"

On August 24, 2022, the Texas Comptroller published a list of ten financial companies (only one of which is U.S.-based) and approximately three hundred and fifty funds that, pursuant to Texas law, all state governmental...more

NY Times Reports on Coordinated Effort by Republican Officeholders to Penalize Companies' Efforts to Reduce GHG Emissions

The New York Times has reported that the State Financial Officers Association has "push[ed] Republican state treasurers, who are mostly elected officials and who are responsible for managing their state's finances, to use...more

European Union Labels Natural Gas and Nuclear Energy "Green"

The European Parliament has now "endorsed labeling some gas and nuclear energy projects as 'green.'" This designation will now enable these energy projects to have "access to hundreds of billions of euros in cheap loans and...more

West Virginia Threatens Boycott of Major Financial Institutions Due to Alleged Bias Against Fossil Fuel Industry

The West Virginia State Treasurer, Wiley Moore--a Republican--recently threatened six major financial institutions with a boycott on doing business with West Virginia government entities. This move by the West Virginia state...more

Shareholder Lawsuit Filed Against Shell Board of Directors in the UK Concerning Failure to Prepare for Climate Change

ClientEarth, an environmental law organization, has filed a shareholder derivative lawsuit in the United Kingdom against Shell's board of directors for an alleged failure to adequately prepare Shell for the impact of climate...more

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