News & Analysis as of

Climate Change Appeals Energy Sector

Morgan Lewis

A German Court Goes Green? Recent Developments in German Climate Litigation

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The Higher Regional Court Hamm dismissed a Peruvian farmer’s claim against a large international energy group for damages related to climate change but acknowledged in an obiter dictum that such claims may be legally possible...more

Mintz

Climate Lawsuit Against German Energy Company Dismissed by Court

Mintz on

Last week, a long-running lawsuit brought against a major German energy company by a Peruvian farmer for alleged damages stemming from climate change was dismissed by an appellate court in Germany. The court's reasoning...more

Mintz

Colorado Supreme Court Allows Climate Tort Litigation to Proceed

Mintz on

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

Pierce Atwood LLP

D.C. Circuit Court Again Addresses NEPA’s Scope

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On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit, in Citizens Action Coalition of Indiana v. FERC, rejected a National Environmental Protection Act (NEPA) and Natural Gas Act (NGA) challenge to FERC’s...more

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

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On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Skadden, Arps, Slate, Meagher & Flom LLP

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices

A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more

Foley Hoag LLP - Environmental Law

State Law Climate Damage Cases (Still) Belong in State Court

In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more

Flaster Greenberg PC

Climate Lawsuits Face Setbacks as they Raise Major Public Policy Issues

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The drive to litigate public policy over climate change took some hits the last two weeks in the United States Supreme Court. First, last Monday in the case of Mayor and City Council of Baltimore v. BP P. L. C. et al.,...more

Holland & Knight LLP

U.S. Court of Appeals Holds That Climate Change Tort Claims are Dischargeable in Bankruptcy

Holland & Knight LLP on

On May 6, 2020, in the case of In re Peabody Energy Corporation, 958 F.3d 717 (8th Cir.), the U.S. Court of Appeals for the Eighth Circuit held, in an apparent case of first impression, that state statutory and common-law...more

Eversheds Sutherland (US) LLP

Another climate change lawsuit remanded to state court

The Tenth Circuit has recently joined its sister circuits, the Fourth Circuit and Ninth Circuit, in finding that federal courts do not have subject-matter jurisdiction over state-law nuisance claims. A Colorado climate-change...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #3

Trump Signs Orders to Speed Up Oil and Gas Pipeline Construction - "President Trump signed two executive orders that he says will speed up construction of pipelines and other projects to enhance the production and...more

White & Case LLP

UK Planning Policy on Shale Gas Found "Unlawful" by the High Court

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Climate change is an increasingly important concern for lawmakers and decision makers around the world. For companies and institutions looking to promote hydrocarbon projects in the future, climate change considerations may...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2018 #3

Energy Companies to Appeal Loss of Forest Service Permit for Atlantic Coast Pipeline - "The builders of the $7 billion Atlantic Coast Pipeline say they will appeal a federal court ruling that invalidated a permit allowing...more

Bennett Jones LLP

Oil Producers Win Another Round in U.S. Climate Change Litigation

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On July 19, 2018, the United States District Court for the Southern District of New York followed an emerging trend in federal jurisprudence by dismissing a claim against several oil and gas producers in City of New York v....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2017#2

This is our second installment of Currents - our weekly energy news e-blast where we deliver the week's top energy news stories and our synopsis of why those stories are important from a legal perspective. - Appeals Court...more

Ballard Spahr LLP

Clean Power Plan Published; Appeals Period Begins

Ballard Spahr LLP on

The U.S. Environmental Protection Agency’s (EPA) Clean Power Plan was published in the Federal Register today, triggering a 60-day appeals period. Petitioners will have until December 22, 2015, to file appeals of the Clean...more

Burr & Forman

Clean Power Rule Challenges Will Proceed Sooner or Later, But Its Goal May Already Be Close at Hand

Burr & Forman on

Legal challenges filed almost immediately after President Obama announced the Clean Power Rule may be premature. That is what attorneys for EPA told the U.S. Court of Appeals for the District of Columbia Circuit recently in...more

Foley Hoag LLP - Environmental Law

News Flash: Cap-and-Trade Remains the Most Efficient Way to Reduce Emissions

Notwithstanding Congressional gridlock on climate change legislation, cap-and-trade remains the tried and true efficient method for reducing air emissions. Although the acid rain provisions of the Clean Air Act are the most...more

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