A local state court in Pennsylvania recently dismissed an array of climate tort claims brought against major fossil fuel companies by a local government--in this case, Bucks County. Among the three dozen or so climate tort...more
In recent years, states and municipalities have attempted to hold fossil fuel companies liable for their alleged impacts on climate change. Numerous states and municipalities have sued fossil fuel companies, alleging that...more
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
The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies...more
A group of 24 Republican AGs, along with several trade associations, sued Vermont over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in fines on fossil fuel companies for alleged...more
On May 1, 2025, the federal government brought separate suits against both New York and Vermont alleging that these state’s “climate Superfund” statutes are unconstitutional on multiple grounds. In two nearly identical...more
The president’s actions aim to bolster coal production and exports and coal-fired power generation, highlighting the importance of coal to US economic and national security....more
A coalition of industry associations and 22 state attorneys general (AG), led by West Virginia AG JB McCuskey, filed a lawsuit against the State of New York in the U.S. District Court for the Northern District of New York...more
In December 2024, the State of New York enacted the “Climate Change Superfund Act,” which would impose retroactive fines on fossil fuel producers for greenhouse gas emissions that contribute to climate change. (New York was...more
A group of 22 Republican AGs, along with several coal, oil, and gas companies and industry trade associations, sued New York over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in...more
On Friday, January 3, 2025, the Montana Supreme Court issued a decision in MEIC v. DEQ (Laurel Generating Station), its second major decision on the Montana Environmental Policy Act (MEPA) in the last few weeks that affects...more
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
In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...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
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
A coalition of Republican attorneys general representing 25 states has sued the Environmental Protection Agency (EPA) to block a new rule issued by the Biden-Harris administration as part of a suite of standards promulgated...more
On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more
The US Environmental Protection Agency (EPA) released on April 25, 2024 the prepublication versions of four final rules applicable to fossil fuel–fired power plants. The rules establish carbon dioxide standards for existing...more
The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25. This suite of rules includes two...more
Climate litigation against companies is increasing and the stakes are getting higher. Last year saw more headline-making claims being brought against corporations and a slew of important decisions from courts in...more
On January 9, 2024, a Delaware state court judge issued his opinion on the various motions to dismiss filed in the case brought by the State of Delaware against the major fossil fuel companies. (This case is one of...more
The U.S. House of Representatives Committee on Energy and Commerce Chair, along with two Subcommittee Chairs, sent a November 13th letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan...more
EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission...more
On May 11, 2023, the U.S. Environmental Protection Agency issued a proposed rule promulgating greenhouse gas (GHG) emissions standards for fossil fuel-fired power plants. The proposal, issued pursuant to Section 111 of the...more
Since 2017, a number of state government entities from cities, counties, and states across the country have gone after fossil fuel companies in court charging them with violating state law by marketing their products as not...more