Despite the recent disbandment of the SEC’s Climate & ESG Task Force, the SEC is continuing to pursue enforcement actions concerning environmental issues, including greenwashing. Notably, over the past several weeks, the SEC...more
In the recent case of Friends of the Earth v Secretary of State for Levelling Up, Housing & Communities & others; South Lakeland Action on Climate Change v Secretary of State for Levelling Up, Housing & Communities & others...more
Last month, the High Court ruled that planning permission previously granted for a coal mine in West Cumbria was unlawful (Friends of the Earth v West Cumbria Mining [2024] EWHC 2349 (Admin) ("West Cumbria Mining")). West...more
In a significant ruling, the Hawaii Supreme Court has determined that AIG is not required to provide coverage for a lawsuit against Sunoco subsidiary, Aloha Petroleum. The Hawaii court found a pollution exclusion in AIG’s...more
The ELM blog has covered several lawsuits filed over the past several years against major fossil fuel companies by plaintiffs seeking damages due to climate change caused by greenhouse gas emissions. The claims in these...more
On October 16, the U.S. Supreme Court rejected an attempt to block the implementation of the U.S. Environmental Protection Agency’s latest effort to curb greenhouse gas emissions (GHG) from power plants while the EPA is being...more
Over the past several years, there have been more than three dozen lawsuits launched against the major fossil fuel companies seeking damages due to climate change caused by greenhouse gas emissions. These claims are based...more
This week, the Hawaii Supreme Court--in response to certified questions of law from the federal district court in Hawaii--held that the insurance policies purchased by fossil fuel companies in Hawaii would not provide...more
Claudia Sheinbaum made history last week as Mexico’s first female president and laid out her vision to promote clean energy and increase investment in the infrastructure sector. In contrast to the previous administration,...more
On July 4, 2024, the UK general election took place, and the Labour Party won with a significant majority. After 14 years of Conservative Party rule, a number of changes are now expected in respect of the UK's position on...more
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
On July 10, 2024, a Baltimore City Circuit Court judge dismissed a complaint brought by the City of Baltimore against 25 fossil fuel manufacturers, seeking to hold them liable on numerous state-law theories, including for...more
On July 17, 2024, Pennsylvania joined a growing number of states establishing a legal framework for the underground storage of carbon dioxide. Carbon capture and underground sequestration (“CCUS”) is promoted as a technology...more
A couple of weeks ago, a lawsuit brought by the State of Connecticut against a major fossil fuel company, alleging various violations of the consumer protection laws in Connecticut (specifically, the Connecticut Unfair Trade...more
Stretching the Truth? Class Action Targeting Lululemon Claims Athleisure Brand "Greenwashing" Its Environmental Impact - Claims of greenwashing in the ESG space continue: A Florida class action lawsuit alleges that...more
About a month ago, one of the myriad climate change tort lawsuits brought by state and local governments against major fossil fuel producers was dismissed by a state court judge in Baltimore, Maryland. (These lawsuits have...more
The launch of the Kingdom of Saudi Arabia’s (the Kingdom) Vision 2030 Program preceded the announcement of numerous ground-breaking Mega and Giga-projects throughout the country. Eight years on, recent MEED data estimates...more
After two years of continuous behind-the-scenes work, Sen. Joe Manchin (I-W.Va), who chairs the U.S. Senate Committee on Energy and Natural Resources, joined by Sen. John Barrasso (R-Wyo.), released S. 4753, the Energy...more
In this Alert, we review the impact of the recent acceptance by the Japan Diet of the 2009 Amendment to the London Protocol. Acceptance of the Amendment provides a critical enabler for the export of CO2 from Japan for...more
The last several weeks of unexpected and unprecedented political events have thrown even more confusion into the presidential election. While the outcome of a now Harris-versus-Trump race is maybe even more uncertain, we do...more
Regulatory Updates - Governor Newsom (D-CA) recently proposed a two-year delay to California’s sweeping new mandatory climate disclosures, which apply to all large companies—public or private—doing business in California....more
In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more
On July 1, 2024, Vermont’s Climate Superfund Act (S 259) went into effect. The law, which is the first of its kind, imposes strict liability on fossil fuel extractors and crude oil refiners who are accountable for 1 billion...more
Puerto Rico has become the latest governmental entity to launch a lawsuit against the major fossil fuel companies concerning tort claims related to climate change. These lawsuits have proliferated in state courts in recent...more