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
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
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
With its decision on June 28, 2019, the Ontario Court of Appeal became the second appellate court to conclude that Canada's federal carbon tax regime complies with the Constitution. The Saskatchewan Court of Appeal released a...more
On May 24, 2019, a five-member panel of the British Columbia Court of Appeal (BCCA) unanimously determined that British Columbia's proposed amendments to the Environmental Management Act, SBC 2003, c 53 (the EMA) are...more
On November 13, 2013, two environmental organizations filed a petition that challenges the lawfulness of the BC Oil and Gas Commission’s (OGC) practice in granting approvals for the short-term use of water in hydraulic...more