News & Analysis as of

Climate Change Public Nuisance

Goldberg Segalla

New Zealand Supreme Court Allows Private Plaintiff’s Novel Climate Change Tort Claim to Go to Trial

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The Supreme Court of New Zealand recently removed some significant roadblocks to bringing private law claims against major corporate greenhouse (GHG) emitters with a decision made in the case of Smith v. Fonterra....more

Latham & Watkins LLP

New Zealand Supreme Court Paves Way for Novel Climate Change Claim

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On appeal of a strike out decision, the Court gives the plaintiff “his day in court” to argue that corporates owe a common law duty of care in tort to reduce greenhouse gas emissions. On 7 February 2024, the Supreme...more

Mintz

California Launches Public Nuisance Lawsuit Against the Major Oil Companies

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On September 15, 2023, California filed a lawsuit against the major oil companies, presenting claims under a variety of theories, including public nuisance and false advertising. This lawsuit is similar to ones filed by...more

Cadwalader, Wickersham & Taft LLP

Oregon County Sues Fossil Fuel Companies and Consulting Firm For Damages Related to 2021 ‘Heat Dome’

In a civil suit filed in Oregon state court in June 2023, an Oregon county is suing more than a dozen large oil, gas and coal companies, seeking more than $50 million in damages, in connection with a 2021 “heat dome” and...more

Locke Lord LLP

Texas Legislature Advances Bill to Tame ‎Public Nuisance ‎Litigation

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Notices of filing bankruptcy from debtors to its creditors are intended to halt all collection efforts of prepetition debts. But where lenders are required by law to provide information to mortgagors who are debtors in...more

Hicks Johnson

Appellate Courts Provide Guidance on Jurisdiction for Climate Change Lawsuits

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The U.S. Court of Appeals for the Tenth Circuit ruled in February 2022 that federal jurisdiction did not exist over a case brought by a group of Colorado municipalities accusing several energy companies of climate...more

Hicks Johnson

Fourth Circuit Provides Further Guidance on Jurisdiction for Climate Change Lawsuits

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In the wake of a recent landmark decision by a federal appellate court in regard to where climate change lawsuits should be litigated, the U.S. Court of Appeals for the Fourth Circuit has provided further guidance as to how...more

Sullivan & Worcester

A Case Study of BP P.L.C. v. Mayor & City Council of Baltimore and Its Potential Impact on Other Climate Lawsuits

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Over the past few years, several state and local governments have filed lawsuits against fossil fuel companies, seeking money damages for the effects of climate change on their jurisdictions. These lawsuits serve multiple...more

Hicks Johnson

Tenth Circuit Provides Guidance on Jurisdiction for Climate Change Lawsuits

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On Tuesday, February 8, the U.S. Court of Appeals for the Tenth Circuit laid down a ruling in a lawsuit brought by a group of Colorado municipalities accusing several energy companies of climate change-related harm. Alleging...more

Allen Matkins

California Environmental Law & Policy Update - January 2022 #3

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Tightened federal water protections won't slow some projects - Los Angeles Times – January 14 - The Biden administration is moving to tighten oversight of projects that benefited from a narrowed interpretation of the...more

A&O Shearman

New Zealand Court of Appeal rejects claim seeking to hold large corporates accountable for climate emissions

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New Zealand’s Court of Appeal dismissed the first climate change litigation case brought in New Zealand targeting corporate defendants for their greenhouse gas emissions....more

Downey Brand LLP

Ruling may give oil companies upper hand in climate change cases

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On May 17, the U.S. Supreme Court issued a 7-1 decision in BP P.L.C. v. Mayor and City Council of Baltimore, 2021 DJDAR 4717, that may give fossil fuel companies the upper hand in the slew of recent climate change cases filed...more

Butler Snow LLP

Supreme Court’s Grant of Certiorari Could Signal Change in Scope of Review for Remand Orders to State Courts

Butler Snow LLP on

The removal of a state court action to federal court is often conceptualized in the context of 28 U.S.C. § 1441, where, but for the plaintiff’s choice of venue, the matter could have been filed in federal court pursuant to...more

Kelley Drye & Warren LLP

The Scope of Appellate Review of Remand Orders—Implications for Climate Change Litigation and Beyond

Energy companies caught in the crosshairs of public nuisance lawsuits filed by cities and counties are asking the U.S. Ninth Court of Appeals to stay a federal district court’s order allowing two California cities’ lawsuits...more

King & Spalding

Energy Newsletter - June 2020

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The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France - The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic. The...more

Jones Day

Ninth Circuit Dismisses Major Climate Change Lawsuit Against the Federal Government - Court rejects request for extraordinary...

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The private sector is increasingly the target of climate change litigation. These lawsuits seek to hold private companies liable for climate change under state public and private nuisance law. Although the most recent wave of...more

Bennett Jones LLP

Oil Producers Succeed in California Climate Change Action

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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

Foley Hoag LLP - Environmental Law

Thanks For Proving Me Right, Rhode Island!

Late last month, when I reported on the dismissal of the California climate change public nuisance litigation, I stated boldly that we should not expect advocates to stop trying. I did not really think I was going out on a...more

Foley Hoag LLP - Environmental Law

Still No Judicial Remedy For Climate Change — Don’t Expect Advocates To Stop Trying

On Monday, June 25, 2018, Judge William Alsup dismissed the public nuisance case brought by the City of Oakland and the State of California against five major oil companies. The suit sought payment of damages into a fund to...more

Jones Day

Federal Court in California Denies Remand of Climate Change Litigation

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The Situation: In what may portend the beginning of the end to the latest chapter of U.S. filed state law "global warming" or climate change litigation against industry, a federal court in San Francisco denied a motion to...more

Pillsbury - Gravel2Gavel Construction & Real...

Global Warming Public Nuisance Actions Will Stay In Federal Court

On February 27, the U.S. District Court for the Northern District of California rejected motions filed by the cities of Oakland and San Francisco to remand two global warming public nuisance lawsuits filed by the cities in...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2017#3

Trump is Still Pulling Out of Paris Agreement, Despite Chatter of a Reversal, Experts Say - "President Donald Trump is unlikely to reverse his position to pull out of the Paris climate agreement, despite the White House...more

Pillsbury Winthrop Shaw Pittman LLP

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Allen Matkins

California Environmental Law & Policy Update - August 2016 #4

Allen Matkins on

Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...more

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