News & Analysis as of

Greenhouse Gas Emissions Public Trust Doctrine

Pillsbury Winthrop Shaw Pittman LLP

An Updated Look at Civil Liability and Litigation Risks Associated with Climate Change

Climate change litigation has become a global phenomenon, as scientists, agencies, and the general public increasingly associate wildfires, droughts, flooding, hurricanes, heat waves and other events with changing climate. ...more

Beveridge & Diamond PC

Climate Change Litigation: Oregon Rejects Expansion of Public Trust Doctrine

Beveridge & Diamond PC on

On October 22, 2020, the Oregon Supreme Court rejected claims by youth climate activists seeking to expand the state’s public trust doctrine to address climate change. The court ruled that the state did not have an...more

Bennett Jones LLP

New Charter Litigation Seeks Stable Climate System

Bennett Jones LLP on

Fifteen youth from across the country, through their parents and litigation guardians, have joined forces in a lawsuit against the federal government over climate change, filed Friday in Federal Court in Vancouver. The case,...more

Bennett Jones LLP

New Stuff in Climate Change Class Actions

Bennett Jones LLP on

"You’re asking us to do a lot of new stuff, aren’t you?" Judge Andrew D. Hurwitz of the U.S. Court of Appeals for the Ninth Circuit in Juliana v. United States, June 4, 2019. It has been a busy month for climate change...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

Foley Hoag LLP - Environmental Law

Will There Be a Trial on Climate Change Public Trust Claims? It’s Looking that Way.

Last November, the District Court of Oregon denied the motion of the United States to dismiss claims that the United States had violated a public trust obligation it owes to US citizens to protect the atmosphere from climate...more

Foley Hoag LLP - Environmental Law

Washington Has A Public Trust Obligation to Address Climate Change — So What?

Last week, a trial judge in Washington State, in Foster v. Washington Department of Ecology, ruled that the Public Trust Doctrine requires the State of Washington to address climate change more aggressively. Greenwire’s...more

Foley Hoag LLP - Environmental Law

EPA May Be Regulating GHGs, But Private Litigation Still Looks to be On Shaky Ground

In a case of interesting timing, three days after EPA announced its proposed GHG rules for existing facilities, the D.C. Circuit affirmed dismissal of a case seeking an injunction against EPA and other federal defendants...more

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