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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

Raskin Nomination for Federal Reserve Torpedoed by Conservative Objections to Potential Climate Regulations

Yesterday, Sarah Bloom Raskin, who had previously served as a Federal Reserve governor and deputy Treasury secretary during the Obama administration, withdrew her nomination to be the Federal Reserve's vice chair of...more

Red States Move to Penalize Companies That Consider Climate Change When Making Investments

A number of conservative-leaning states, particularly those with a significant fossil fuel industry (e.g., Texas, West Virginia), have begun implementing polices and enacting laws that penalize companies which "pull away from...more

Reports of SEC Enforcement Activity Concerning ESG Disclosures

It has been publicly reported that the Dallas office of the SEC is currently engaged in an investigation of ESG disclosures by companies doing business with state government entities in Texas. Specifically, the SEC is...more

Delaware's Lawsuit Against Fossil Fuel Companies is Remanded to State Court

The federal district court in Delaware has remanded the climate change lawsuit filed by the State of Delaware against a variety of fossil fuel companies (including the oil majors) to state court. This lawsuit is one of the...more

Divestment from Fossil Fuel Companies Expands and Accelerates

Today, UBS Asset Management announced that it would divest from five energy companies, including ExxonMobil, because these companies are not adequately addressing climate change concerns. This action by a private sector...more

Climate Change: Private Sector Pressure: Divestment

Climate change poses many risks. For companies, besides the physical impact of climate change itself, this risk is often embodied by regulatory pressure imposed by government agencies or other entities exercising oversight...more

Climate Change Litigation: Taxation as Alternative?

Over the past several years, a number of municipalities and other public sector actors have launched a series of lawsuits against the fossil fuel industry, seeking to hold individual companies liable for damages (or expected...more

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