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
Even as the Trump administration moves to block state and local climate liability efforts, states and municipalities continue to advance lawsuits seeking to hold fossil fuel companies liable for harms associated with climate...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
On May 12, 2025, in a 5-2 decision, the Colorado Supreme Court held that the tort claims brought by local governments in Colorado against major fossil fuel companies concerning damages stemming from climate change could...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
The U.S. Department of Justice filed lawsuits against New York and several other states, challenging their newly enacted state Superfund laws (Superfund lawsuits). The laws aim to address the environmental damages attributed...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
Recently, both the State of Hawaii and the State of Michigan had announced that they would be pursuing litigation against fossil fuel companies concerning alleged damages stemming from the companies' contribution to climate...more
On April 8, 2025, President Trump issued Executive Order 14260, Protecting American Energy From State Overreach. Framed as part of the Administration’s broader strategy of unleashing American energy, the Order directs...more
Public companies can face significant liability based on past operations. While most industrial companies have long-term experience evaluating potential remediation obligations imposed by laws such as the federal...more
A Peruvian farmer's climate action lawsuit against a German energy company was continued recently before the Higher Regional Court in Hamm, Germany....more
The amount of climate-related litigation has tripled in the past decade and includes greenwashing claims against some of the largest fossil fuel companies in the world. New York state and its localities have brought some of...more
On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York...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
Minnesota AG Keith Ellison has obtained an order denying in large part motions to dismiss filed by defendants ExxonMobil Corp., the American Petroleum Institute, Koch Industries, Inc., Flint Hills Resources LP, and Flint...more
As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more
On December 26, 2024, New York Governor Kathy Hochul signed into law S02129B, also known as the New York Climate Change Superfund Act (Act). This law is modeled after the federal Comprehensive Environmental Response,...more
On Monday, the U.S. Supreme Court announced that it will not hear an appeal from certain major oil and gas companies to dismiss a lawsuit by the city of Honolulu seeking to hold the companies responsible for the impacts of...more
Regulatory Updates - There have been a couple of noteworthy developments in recent weeks concerning the mandatory climate disclosure regime enacted by California. These developments relate to SB 253 and SB 261, which...more
Last week, the State of Maine became the latest state or local government to sue the major fossil fuel companies for damages related to climate change. There are around three dozen lawsuits bringing common law and state tort...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
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
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