The Opinion interprets member states’ responsibilities under treaty and customary international law. In a sweeping and landmark declaration, the Opinion advises that member states have a duty to reduce emissions, regulate...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
5/15/2025
/ Climate Change ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Energy Policy ,
Energy Sector ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Greenwashing ,
Oil & Gas ,
State and Local Government ,
Trump Administration
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
5/9/2025
/ Clean Air Act ,
Climate Change ,
Commerce Clause ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
State and Local Government ,
Trump Administration
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
4/18/2025
/ Climate Change ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Energy Policy ,
Energy Sector ,
Enforcement Actions ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Natural Resources ,
Oil & Gas ,
State and Local Government ,
Trump Administration
States are increasingly turning to “Climate Superfund” laws as a potential mechanism to offset the growing costs of climate-related disaster recovery and the construction of more climate change-resilient infrastructure. These...more
4/8/2025
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Corporate Liability ,
Energy Sector ,
Environmental Litigation ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Preemption ,
State and Local Government ,
Superfund
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
1/7/2025
/ CERCLA ,
Clean Air Act ,
Climate Change ,
Corporate Counsel ,
Energy Sector ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Financial Responsibility Standards ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Infrastructure ,
New Legislation ,
New York ,
Rulemaking Process ,
Superfund
The U.S. Supreme Court is poised to address a circuit split over whether an agency doing an environmental review under the National Environmental Policy Act (NEPA) must consider effects beyond its regulatory jurisdiction,...more
12/20/2024
/ Appeals ,
Chevron Deference ,
Climate Change ,
Construction Project ,
Environmental Impact Statements ,
Government Agencies ,
Greenhouse Gas Emissions ,
NEPA ,
Oral Argument ,
Regulatory Authority ,
SCOTUS ,
Surface Transportation Board ,
Vacatur
Whether by land, by sea or through human innovation, carbon sequestration is likely coming to (or already happening in) a destination near you. As our planet, overdosed on greenhouse gases, battles climate disasters, a...more
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
11/5/2021
/ Air Pollution ,
Civil Liability ,
Climate Change ,
Enforcement Actions ,
Environmental Claims ,
Environmental Policies ,
Environmental Violations ,
Fossil Fuel ,
Government Investigations ,
Greenhouse Gas Emissions ,
International Litigation ,
Negligence ,
Public Trust Doctrine
The Greater Houston Partnership’s new Energy Transition Strategy report makes an economic case that the Houston region is poised to lead the energy transition, articulating an industry-driven vision that builds on the City of...more
The Obama administration took two major steps in implementing its comprehensive climate change strategy this month, setting first-ever methane emissions standards for new, reconstructed and modified sources and simultaneously...more
6/17/2016
/ Clean Air Act ,
Climate Action Plan ,
Climate Change ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Fracking ,
Greenhouse Gas Emissions ,
Methane ,
New Regulations ,
New Source Performance Standards (NSPS) ,
Obama Administration ,
Oil & Gas ,
Volatile Organic Compounds (VOC)