In a recent decision, the Federal Court has rejected an attempt by non-governmental organizations (NGOs) to set aside ministerial approval of a significant offshore oil and gas project. The NGOs argued that the Minister...more
Vancouver City Council recently passed a motion to fund a proposed class action against various oil and gas companies to recover costs associated with climate change....more
On March 25, 2021, the Supreme Court of Canada (SCC) released its 6-3 decision, ruling that the federal Greenhouse Gas Pollution Pricing Act, SC 2018 c 12 (GGPPA) is constitutional, dismissing the appeals of the Attorney...more
U.S. courts have often relied on the political question doctrine to dismiss climate change actions. The Canadian equivalent of the political question doctrine, justiciability, has recently been considered by Canadian Court in...more
The Alberta Court of Appeal, in a 4-1 decision, has ruled that the federal carbon pricing regime contemplated by the Greenhouse Gas Pollution Pricing Act, SC 2018, c12 s186 (the "Act") is unconstitutional, becoming the first...more
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
1/31/2020
/ Article III ,
Class Action ,
Climate Change ,
Constitutional Challenges ,
Due Process ,
Environmental Policies ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Lack of Authority ,
Oil & Gas ,
Standing ,
Trump Administration
More than four years of contentious litigation concluded this month when the Supreme Court of the State of New York released its judgment in the People of the State of New York v Exxon Mobil Corporation. The Court found...more
12/17/2019
/ Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Dismissal With Prejudice ,
Environmental Policies ,
Exxon Mobil ,
Fraud ,
Martin Act ,
Misrepresentation ,
Oil & Gas ,
Popular ,
Securities Fraud ,
Standard of Proof ,
State Attorneys General ,
Voluntary Disclosure
Fifteen youth from across the country, through their parents and litigation guardians, have joined forces in a lawsuit against the federal government over climate change, filed Friday in Federal Court in Vancouver. The case,...more
On July 11, 2019, Quebec's Superior Court rejected a class action lawsuit seeking federal action relating to climate change. The Court found that the questions raised by the plaintiff, Environnement Jeunesse, were justiciable...more
On May 3, 2019, the Saskatchewan Court of Appeal (SKCA) released its lengthy decision in Reference re Greenhouse Gas Pollution Pricing Act, 2019 SKCA 40. This much-anticipated decision represents the first judicial...more
Since 2013, investors in Exxon Mobil Corporation ("Exxon") stock have consistently shown an interest in understanding how the effects of climate change will impact their investment. Over the years, in response to these...more
1/31/2019
/ Canada ,
Civil Liability ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Exxon Mobil ,
Fraud ,
GAAP ,
Materiality ,
Misrepresentation ,
Oil & Gas ,
Securities Fraud ,
State Attorneys General ,
Voluntary Disclosure
On November 27, 2018, a class action lawsuit was filed in Québec seeking relief against the federal government on the basis of its alleged inaction on climate change. The action, commenced by a group called ENvironnement...more
Climate change disclosure is receiving greater attention from Canadian public companies and their investors. As various legal claims begin to shape the world of climate change litigation, both in and outside of Canada,...more
On July 19, 2018, the United States District Court for the Southern District of New York followed an emerging trend in federal jurisprudence by dismissing a claim against several oil and gas producers in City of New York v....more
On June 25, 2018, the United States District Court for the Northern District of California dismissed a claim against several oil and gas producers for impacts relating to climate change in The City of Oakland v. BP, Chevron...more
7/5/2018
/ BP ,
Chevron ,
Clean Air Act ,
Climate Change ,
ConocoPhillips ,
Dismissals ,
Environmental Protection Agency (EPA) ,
Exxon Mobil ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Public Nuisance