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
5/12/2025
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Global Warming ,
Greenhouse Gas Emissions ,
Preemption ,
State and Local Government ,
Trump Administration
On April 8, the White House issued an Executive Order aimed at “Protecting American Energy from State Overreach.” While the direct effects from this Executive Order are hard to assess, the Trump Administration clearly intends...more
We previously reported on New York State’s enactment of the Climate Change Superfund Act (the “Climate Superfund Act” or the “Act”), groundbreaking legislation that seeks to recover $75 billion from fossil fuel producers for...more
3/12/2025
/ Climate Action Plan ,
Climate Change ,
Constitutional Challenges ,
Corporate Counsel ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Infrastructure ,
Legislative Agendas ,
New York ,
Oil & Gas ,
Superfund
Yesterday, March 7, 2018, the 9th Circuit rejected the Trump adminitration’s request for a writ of mandamus ordering the trial court to dismiss litigation brought by 21 children alleging that the government’s failure to...more
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
On Wednesday, the 10th Circuit Court of Appeals held that regulation of takes of the Utah prairie dog, a purely intrastate species, does not violate the Constitution. Reversing the decision below, the 10th Circuit joined all...more