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Constitutional Challenges Oil & Gas

ArentFox Schiff

South Carolina Court Dismisses City’s Climate Litigation Against Energy Companies

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A South Carolina state trial court recently dismissed a climate tort case filed by the City of Charleston seeking to hold major energy companies liable for harms allegedly caused by climate change. This ended a case that had...more

Troutman Pepper Locke

California AG Faces Legal Challenge Over Hiring Outside Counsel in Climate Lawsuit

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California Attorney General (AG) Rob Bonta faces a legal challenge from a union representing state-employed attorneys over his decision to hire an outside law firm for a high-profile climate lawsuit against major oil...more

Flaster Greenberg PC

Why The Future Of Canadian Energy Investments Hangs In The Balance

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Over a month after Canada’s federal elections, the country is still trying to sort out exactly who won and by how much. If this sounds eerily familiar to Bush vs. Gore in 2000, there is a good reason for this...more

Troutman Pepper Locke

Fifteen States Sue the Trump Administration Over “Energy Emergency” Executive Order

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On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive...more

Pillsbury - Gravel2Gavel Construction & Real...

States and Municipalities Advance Climate Change Lawsuits as Trump Administration Seeks to Block Them

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

Mintz

Colorado Supreme Court Allows Climate Tort Litigation to Proceed

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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

Pillsbury Winthrop Shaw Pittman LLP

State Climate Laws and Litigation Face Federal Pushback Under New Executive Order

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

K&L Gates LLP

Natural Gas Bans: From New York to Washington, Courts Shift the Landscape on Legality of State and Local Gas Bans

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Following the election wins we reported on in November 2024, state and local bans on the use of natural gas remain a highly litigated issue across the country. In this alert, we cover two recent cases dealing with local and...more

Jones Day

Trump Issues Orders to Block State Climate Laws

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On April 8, 2025, President Trump issued a series of executive orders directing the federal government to analyze state-level climate policies targeting fossil fuel consumption and environmental regulations. This action...more

Vinson & Elkins LLP

President Trump Targets State Laws That Burden Energy Production

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On April 8, 2025, President Trump issued an Executive Order titled “Protecting American Energy From State Overreach” (the “Executive Order”), which directs the United States Attorney General to identify and halt the...more

Pillsbury Winthrop Shaw Pittman LLP

The Battle Over Climate Superfund Laws: Legal Challenges in Vermont and New York

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

Vinson & Elkins LLP

War on the Offshore – President Trump Restores Areas Withdrawn by President Biden from Offshore Drilling

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A series of recent actions undertaken by President Biden, near the end of his term, and President Trump, in the early days of his presidency, have called into question a key issue under the Outer Continental Shelf Lands Act...more

Foley Hoag LLP - Environmental Law

New York State Amends Landmark “Climate Change Superfund Act” Amidst Legal Challenges

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

Vinson & Elkins LLP

New York Passes Climate Superfund Legislation - Updated 3.6.25

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On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York...more

Mintz

Red State AGs Sue New York State in Challenge to Climate Change Superfund Act

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In December 2024, the State of New York enacted the “Climate Change Superfund Act,” which would impose retroactive fines on fossil fuel producers for greenhouse gas emissions that contribute to climate change. (New York was...more

Orrick, Herrington & Sutcliffe LLP

Navigating Executive Actions: How to Assess Their Impact and Legality

In the first two weeks of his second administration, President Donald J. Trump has signed dozens of executive orders and “taken more than 300 executive actions” on a broad array of topics. These topics include oil and gas...more

Oliva Gibbs

An Update on the Offshore Oil and Gas Development Ban

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On January 20, President Trump issued several executive orders taking aim at former President Biden’s offshore oil and gas development bans, as well as overturning several other actions designed to boost climate protections....more

Jones Day

New York Enacts Climate Change Law That Fines Companies for Historical Emissions

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On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....more

Mayer Brown

Brasília em Pauta – Edição Nº 149

Mayer Brown on

Prezados e prezadas, O “Brasília em Pauta” é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de...more

Steptoe & Johnson PLLC

District Court Dismisses Challenge to West Virginia Unitization Act

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On March 20, the U.S. District Court for the Northern District of West Virginia dismissed Sonda v. West Virginia Oil and Gas Conservation Commission for lack of standing. The lawsuit was brought by mineral interest owners...more

Stikeman Elliott LLP

Majority of Supreme Court Finds Federal Impact Assessment Act Largely Unconstitutional

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On October 13, 2023, the Supreme Court of Canada (“SCC”) released Reference re Impact Assessment Act,2023 SCC 23 (“SCC Reference”), in which the majority found a large portion of the federal Impact Assessment Act, SC 2019, c...more

Steptoe & Johnson PLLC

Pennsylvania Court Upholds Cross-Unit Drilling Under Act 85

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On January 24, 2023, the U.S. District Court for the Middle District of Pennsylvania held that Act 85 of 2019, which permits drilling horizontal oil and gas wells across existing drilling units, is not unconstitutional....more

Gray Reed

North Dakota Supreme Court Invalidates Pore-Space Statute

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This seems to be the season for oil patch courts to return property to its rightful owners. Last week it was a regulatory taking by the City of Dallas. This week it is Northwest Landowners Association v. State of North...more

Goldberg Segalla

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

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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

Stikeman Elliott LLP

“Federalism is Fundamental to Canada’s Existence”: Impact Assessment Act is Unconstitutional According to the Alberta Court of...

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On May 10, 2022, the Alberta Court of Appeal released its decision on the constitutionality of the Impact Assessment Act and Physical Activities Regulations (collectively, the "IAA"). The IAA was enacted with the purpose of...more

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