News & Analysis as of

Greenhouse Gas Emissions Constitutional Challenges

Davies Ward Phillips & Vineberg LLP

Federal Impact Assessment: Legislative Amendments and Cabinet Directive

The Canadian government recently enacted the highly anticipated amendments to the Impact Assessment Act (IAA). These amendments, which came into force on June 20, 2024, address the constitutional overreach in the IAA, as...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - July 2024 #3

This week, we discuss the first settlement between a state and a group of young plaintiffs who claimed that their government’s inadequate climate policies violated their constitutional right to a healthy environment. We...more

Venable LLP

Environmental Law in a Post-Chevron World

Venable LLP on

Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of...more

Jones Day

D.C. Circuit Court of Appeals Rejects Challenge to California's Limits on Automotive Greenhouse Gas Emissions

Jones Day on

In Ohio et al. v. U.S. EPA, on April 9, 2024, the United States Court of Appeals for the D.C. Circuit upheld a decision by the U.S. Environmental Protection Agency ("EPA") to allow California's 2013 greenhouse gas emissions...more

Mintz

European Court of Human Rights Declares Switzerland Failed to Adequately Address Climate Change

Mintz on

Today, the European Court of Human Rights issued a decision holding that Switzerland violated the human rights of its citizens by failing to adequately protect them from climate change. Specifically, the Court held that...more

Quarles & Brady LLP

California’s New Climate Disclosure and GHG-Related Claims Laws

Quarles & Brady LLP on

On October 7, 2023, Governor Gavin Newsom signed into law a trio of climate-related bills that will impact what companies doing business in California must (or can) say about their greenhouse gas (GHG) emissions and the...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, Vol. II (December 2023)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Cadwalader, Wickersham & Taft LLP

Montana Court Finds State Energy Policy Unconstitutional

As we touched on last week, on August 14, the Montana First Judicial District Court, Lewis and Clark County, entered its Findings of Facts and Conclusions of Law in Held v. State of Montana, et al. striking down certain...more

Verrill

Montana Court Upholds Constitutional Right to Safe Climate

Verrill on

Last week, in Held v. State of Montana, the First Judicial District Court of Lewis and Clark County issued a groundbreaking decision in favor of sixteen youth plaintiffs who challenged a Montana environmental review law that...more

Holland & Hart LLP

Montana Court Rules State Agencies Must Consider GHG/Climate Impacts in Fossil Fuel Approvals

Holland & Hart LLP on

On August 14, 2023, Judge Kathy Seeley issued a decision in the Held case that impacts state fossil fuel permit holders and current and future permit applications. Judge Seeley found unconstitutional a Montana statute that...more

White and Williams LLP

Montana Trial Court Holds That Youths Have Standing to Bring Constitutional Claims Against State Government For Alleged Climate...

White and Williams LLP on

On August 14, 2023, in a “landmark” ruling, a Montana state court held that youth plaintiffs had standing to assert constitutional claims against the State of Montana, its governor and state agencies for “ignoring” the impact...more

Goldberg Segalla

Kids File Climate-Change Suit Against Their Home State, Alleging Betrayal 

Goldberg Segalla on

Faced with back-to-back years of unprecedented flooding, wildfires, and soaring temperatures, sixteen teens and children from Montana, ages 2-18, are suing their home state in what may precipitate the next wave of...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

White & Case LLP

German Federal Constitutional Court Refuses to Hear Climate Activists’ Complaints

White & Case LLP on

On 2 February 2022, the German Federal Constitutional Court ("GFCC") published an order dated 18 January 2022 by which it refused to hear the case of eleven constitutional complaints of young climate activists. The complaints...more

(ACOEL) | American College of Environmental...

Canada Given Green Light to Carbon Pricing: Why the Supreme Court of Canada’s Decision Should Matter to Those South of Our...

On March 25, 2021, the Supreme Court of Canada upheld the Greenhouse Gas Pollution Pricing Act (“GGPPA”), which establishes a national pricing benchmark for greenhouse gas (“GHG”) emissions. Reference re Greenhouse Gas...more

Bennett Jones LLP

Climate Change Class Action Dismissed as Non-Justiciable

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After much legal wrangling since the claim was launched against the U.S. federal government and the Office of the President of the United States in 2015, the U.S. Court of Appeals for the Ninth Circuit recently dismissed the...more

(ACOEL) | American College of Environmental...

Court-Ordered Reductions Of Greenhouse Gases? The Urgenda And Juliana Decisions

Two major climate change cases were decided in the last month—State of the Netherlands v. Urgenda (Dec. 20, 2019) and Juliana v. United States (Jan. 17, 2020).  They illustrate sharply contrasting views about the role of...more

Jones Day

Is Fossil Fuel Running on Empty? The Implications of Climate Change Mitigation

Jones Day on

The Situation: Proposed resolutions in Congress and an injunction request in a Ninth Circuit case both seek significant reductions in fossil fuel use throughout the economy. The Result: In the near term, it is easy to...more

Sheppard Mullin Richter & Hampton LLP

On Repeat: Courts Again Uphold Low Carbon Fuel Standard Programs

The Ninth Circuit Court of Appeals recently upheld – for the second time – California’s Low Carbon Fuel Standard (“LCFS”) against constitutional challenges brought by industry groups. The case, Rocky Mountain Farmers Union v....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2018

State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more

Foley Hoag LLP - Environmental Law

State Programs to Encourage Zero-Emitting Generation Are Constitutional

Late last month, the 2nd Circuit Court of appeals rejected a challenge to Connecticut laws intended to encourage use of renewable energy. Earlier this month, Judge Manish Shah, of the Northern District of Illinois, issued a...more

Foley & Lardner LLP

State Attorneys General Warn the EPA of Legal Action Should Obama-Era Fuel Economy Standards Get Rolled Back

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Even as the Trump administration is calling into question whether it will remain committed to Obama-era fuel economy and emissions targets, state governments are stepping up to enforce those same targets....more

Stoel Rives - Renewable + Law

California Court of Appeals Upholds California’s Cap-and-Trade Program

On Thursday, a 2-1 decision by the Third District Court of Appeal in Sacramento upheld California’s program to reduce carbon emissions. California’s controversial and signature cap-and-trade program creates a firm limit on...more

Nossaman LLP

Cap and Trade Auction Credits: Taxes, Regulatory Fees or “Something Else”? California Third District Court of Appeal Hears...

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A three-judge panel of the California Court of Appeal for the Third District heard oral argument last week in the longstanding companion cases challenging the legality of AB 32’s cap and trade auctions. California Chamber of...more

Stoel Rives - Renewable + Law

California Cap-and-Trade Lawsuit Hits Milestone with Oral Argument at the Court of Appeal

Yesterday, California’s Third District Court of Appeal heard oral argument in the related cases California Chamber of Commerce v. California Air Resources Board and Morning Star Packing Co. v. California Air Resources Board. ...more

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