News & Analysis as of

Carbon Emissions Environmental Litigation

Foley Hoag LLP - Environmental Law

The D.C. Circuit Affirms EPA’s Reinstatement of California’s Authority to Set Auto Emissions Limits; Don’t Get Too Excited About...

On Tuesday, in Ohio v. EPA, the D.C. Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions from motor vehicles. It’s...more

Foley Hoag LLP - Environmental Law

Each Federal Agency Should Use Its Judgment in Determining the Social Cost of Carbon — How’s That Going to Work Out?

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

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - January 2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Sherman & Howard L.L.C.

A Changing Litigation Climate

Amid his blather during the Chiefs-Bills game on Sunday night, Tony Romo made an insightful comment. The top quarterbacks in the playoffs excel at risk management, he explained. They see risks developing before others do and...more

A&O Shearman

Decarbonisation disputes: the evolving frontier of climate-related risk

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The Net Zero transition will not be smooth. The scale of the investment required and the appetite and ability of countries to implement new policy – both now and in the years to come – will cause unprecedented disruption and...more

ArentFox Schiff

ESG Litigation Update: Climate- and Carbon-Focused Litigation

ArentFox Schiff on

The past few years have seen “ESG” — referring to environmental, social, and governance factors that influence decision making — move from being a fringe shareholder proxy issue to a front-of-mind C-suite issue....more

Downey Brand LLP

Third District Invalidates Water Bottling Facility EIR for Overly Narrow Project Objectives and Failure to Recirculate

Downey Brand LLP on

On April 20, 2022, the Third District Court of Appeal filed its opinion in We Advocate Through Environmental Review v. County of Siskiyou (2022) 78 Cal.App.5th 683, reversing the trial court’s judgment upholding the County’s...more

Foley Hoag LLP - Environmental Law

The Latest IPCC Report — How Are We Doing on Mitigation?

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

White & Case LLP

Sharma v Minister for the Environment: A setback for climate change claimants as landmark decision is overturned on appeal

White & Case LLP on

In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more

Foley Hoag LLP - Environmental Law

The Social Cost of Carbon Lives! The Red States Have Nothing To Complain About

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

Hogan Lovells

German Constitutional Court rejects complaints against federal states' climate protection laws

Hogan Lovells on

In its decision of 18 January 2022, the German Federal Constitutional Court rejected several constitutional complaints against climate protection laws on the federal state level. Further to its seminal 2021 Climate...more

Holland & Hart LLP

Legal Storm Clouds Gather As New Climate Change Policies Are Released

Holland & Hart LLP on

Concurrent with commitments made during the twenty-sixth meeting of the United Nations’ COP26 summit in Glasgow, Scotland, the Biden Administration released two significant policies aimed at analyzing and curtailing the...more

Vinson & Elkins LLP

[Webinar] Eleventh Annual Hydraulic Fracturing Symposium - October 14th, 9:00 am - 10:30 am CT

Vinson & Elkins LLP on

Join Vinson & Elkins for our eleventh annual seminar focusing on what you need to know about the most important evolving topics and the changing regulatory environment surrounding unconventional oil and gas development. ...more

White & Case LLP

Next up in Climate Litigation: Belgian Court condemns Climate Change Policies of Belgian Federal and Regional Governments

White & Case LLP on

As yet another sign of the surge of climate change litigation around the world, yesterday the Brussels Court of First Instance found the Belgian federal and regional governments in breach of their duty of care and human...more

A&O Shearman

Climate litigation in the wake of Covid-19 coronavirus continued: picking up steam

A&O Shearman on

In the last quarter of 2020 we published under the auspices of A&O Belgium’s Sustainability Flagship Project, an overview analysing the status of current climate change litigation in courts around the world in light of the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 39, October 2020

Mountain Valley Says Natural Gas Pipeline Timing Depends on Litigation, U.S. Approvals - “'As the litigation process progresses and as we receive additional information from FERC regarding potentially releasing the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 31, August 2020

Exxon Mobil: Doubling Down While Facing Peak Oil Demand - "With most competitors pivoting away from upstream growth, Exxon continues to press ahead with investments despite very challenging current price environment for...more

Zelle  LLP

Climate Change for Insurers: When Politics Fail, Flood the Courts

Zelle LLP on

This article follows on from a series of previous articles seeking to address climate change litigation in the context of insurance and reinsurance. Three different, but important, decisions in December 2019 have once again...more

Downey Brand LLP

California Air and Climate Vol. 10: CARB Reports Continued Declines in Greenhouse Gas Emissions; Tulare County Settles Lawsuit...

Downey Brand LLP on

CARB Reports Continued Declines in Greenhouse Gas Emissions - The California Air Resources Board (CARB) is reporting that in 2017, greenhouse gas (GHG) emissions for the state were 424 million metric tons (MMT) of CO2...more

Williams Mullen

Environmental Notes - June 2019

Williams Mullen on

If your company is planning to buy commercial or industrial real estate, it’s probably your standard practice to have a Phase I Environmental Site Assessment (“Phase I”) performed. When you do so, it’s important to ensure the...more

Pillsbury - Gravel2Gavel Construction & Real...

Climate Change Litigation Heating Up?

On October 30, in Sinnok, et al. v. State of Alaska, et al., the Superior Court, sitting in Anchorage, AK, granted the state’s motion to dismiss the plaintiffs’ (a “group of Alaska youth ages 5 to 20”) complaints that the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2018 #4

The U.S. Supreme Court Slows Children's Climate Lawsuit - For Now - "In the latest step of a fascinating bit of constitutional law called Atmospheric Trust Litigation, the Chief Justice halted the District Court trial...more

Jackson Walker

Renewable Energy Case Law Update

Jackson Walker on

This case law update describes a selection of renewable energy cases from 2015. It is not intended to address all renewable energy cases over the previous year, but rather, highlight a few that are more likely to be of...more

Jackson Walker

EPA Officially Commences Unprecedented Regulation of Power Plants, Threatening Grid Reliability - Litigation Ensues

Jackson Walker on

On October 23, 2015, the Environmental Protection Agency (EPA) published in the Federal Register its new rules to limit emissions from power plants. The most significant rule limits CO2 emissions from existing power plants....more

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