As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change. Legislative efforts include New York...more
5/12/2025
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Global Warming ,
Greenhouse Gas Emissions ,
Preemption ,
State and Local Government ,
Trump Administration
On April 8, the White House issued an Executive Order aimed at “Protecting American Energy from State Overreach.” While the direct effects from this Executive Order are hard to assess, the Trump Administration clearly intends...more
We previously reported on New York State’s enactment of the Climate Change Superfund Act (the “Climate Superfund Act” or the “Act”), groundbreaking legislation that seeks to recover $75 billion from fossil fuel producers for...more
3/12/2025
/ Climate Action Plan ,
Climate Change ,
Constitutional Challenges ,
Corporate Counsel ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Infrastructure ,
Legislative Agendas ,
New York ,
Oil & Gas ,
Superfund
Last week, we posted about New York State’s enactment of the Climate Change Superfund Act. We promised to continue to monitor developments concerning climate superfund legislation and to update readers as necessary. It’s been...more
1/14/2025
/ California ,
Carbon Emissions ,
CERCLA ,
Climate Action Plan ,
Climate Change ,
Energy Policy ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Public Health ,
State and Local Government
With the incoming Trump administration poised for an attack on federal environmental regulations, states are quickly emerging with actions on climate change. On December 26, 2024, New York Governor Kathy Hochul signed into...more
1/10/2025
/ Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Infrastructure ,
State and Local Government ,
Superfund
Earlier this week, the Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution. Specifically, the court ruled that:
- The...more
12/20/2024
/ Citizen Suits ,
Climate Action Plan ,
Climate Change ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Injunctions ,
Montana ,
MT Supreme Court ,
Permits ,
State Constitutions
On October 16, 2024, the United States Supreme Court shot down requests from states and industry groups to stay the implementation of the Environmental Protection Agency’s (EPA) rule to reduce carbon emissions from coal-fired...more
10/17/2024
/ Carbon Capture and Sequestration ,
Clean Air Act ,
Climate Change ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Regulatory Agenda ,
Regulatory Requirements ,
Utilities Sector
In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 -
After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global...more
9/19/2024
/ Climate Change ,
Electric Vehicles ,
Electricity ,
Energy Policy ,
Energy Projects ,
Energy Reform ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Regulatory Reform ,
Renewable Energy ,
Utilities Sector
Last week, Vermont became the first state to enact a “Climate Superfund” law. As I noted in January, I fear that this will not end well. It seems odd to model a statute on a law frequently given the accolade – deserved, in my...more
On Wednesday, the 9th Circuit granted a petition for mandamus from the United States and ordered the District Court to dismiss the complaint in Juliana v. United States. The 9th Circuit had previously ordered the case...more
In my discussion yesterday of the shortcomings of the Climate Superfund Act, I actually ignored arguably its biggest flaw. While the Act certainly looks much like a tax, I failed to point out that the Act omits what is...more
Late last month, the Interagency Working Group on Social Cost of Greenhouse Gases quietly released a three-paragraph memo on how agencies should determine the social cost of greenhouse gas emissions. I hesitate to call it...more
Last week, the 9th Circuit voted against rehearing en banc its decision from last April finding the City of Berkeley’s ban on natural gas connections in new construction to be preempted by the Energy Policy and Conservation...more
Yesterday, the plaintiffs prevailed in the Montana climate litigation. Time will tell whether the decision will end up being seen as a watershed moment or just a blip. In trying to answer that question, it does seem worth...more
On July 16, 2023, Climatewire (subscription required) released a peer review letter on EPA’s Social Cost of Greenhouse Gases (SC-GHG), which got a fair bit of press last year, because EPA’s metric was $190/ton, even though...more
On Monday, the 9th Circuit Court of Appeals held that the City of Berkeley ordinance entitled “Prohibition of Natural Gas Infrastructure in New Buildings” was preempted by the Energy Policy and Conservation Act. The relevant...more
The International Energy Agency has released its 2022 Coal analysis and forecast. It is sobering. By the time 2022 is over, world-wide coal consumption will have exceeded 8 billons tonnes for the first time. In other words,...more
Earlier this week, the Senate ratified the Kigali Amendment to the Montreal Protocol. The amendment, which has already been ratified by most other countries, will result in the phase-out of hydrofluorocarbons, a group of...more
Take my predictions with a grain of salt, because I still remember saying that Ronald Reagan would never fool enough voters to get elected, but it seems very likely at this point that Maura Healey will be the next Governor of...more
4/21/2022
/ Climate Action Plan ,
Climate Change ,
Energy Policy ,
Governors ,
Green Transportation ,
Greenhouse Gas Emissions ,
Net Zero ,
Offshore Wind ,
Renewable Energy ,
Solar Energy ,
State and Local Government ,
State Elections
Earlier this month, the Intergovernmental Panel on Climate Change released Climate Change 2022: Mitigation of Climate Change. As all IPCC reports are, it’s a serious piece of work and not easily summarized at blog length...more
The Fifth Circuit has stayed an order blocking Biden administration use of the “Interim Estimates” of the social cost of greenhouse gases. The Court did not leave much doubt that the administration will prevail on the...more
EPA has now formally restored its waiver under § 209(b) of the Clean Air Act that allows California’s greenhouse gas emissions standards and Zero Emission Vehicle mandate, notwithstanding the preemption of state vehicle...more
Last week, AIG significantly restricted its underwriting of and investment in fossil fuel projects. Specifically, it announced the following actions:
With immediate effect, committed to no longer invest in or provide...more
In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more
2/10/2022
/ Appeals ,
Clean Air Act ,
Climate Change ,
Energy Sector ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Municipalities ,
Preemption ,
SCOTUS ,
State and Local Government
As everyone knows, the Supreme Court has teed up West Virginia v. EPA, which challenges EPA’s authority to regulate greenhouse gases, and Sackett v. EPA, which challenges EPA’s authority to define what constitutes a water of...more