News & Analysis as of

Environmental Claims Environmental Litigation

Integral Consulting Inc.

Discounting in Damage Assessments for Ecological Injuries: An Introduction to the Issues

In natural resource damage assessment (NRDA) cases, the discount rate used to convert effects across different time periods to present value equivalents is a critical parameter. This rate directly influences both the scale of...more

Jones Day

Related Lawsuits in Separate Countries Reflect Different Approach to Climate Litigation

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Often, climate change lawsuits allege claims under constitutional provisions, human rights laws, or environmental statutes and regulations. Lawsuits filed in separate countries by Energy Transfer ("ET") and Greenpeace...more

Jones Day

German Energy Company Succeeds in Landmark Climate Change Litigation Case

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On May 28, 2025, the Higher Regional Court in Hamm, Germany, sided with the defendant energy company in a landmark climate change litigation case brought by a Peruvian farmer. The farmer wanted the energy company to pay (in...more

Troutman Pepper Locke

D.C. Circuit Denies Healthy Gulf’s and Sierra Club’s Petition for Review of FERC Order Authorizing Construction and Operation of...

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On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to...more

Jones Day

German Landmark Climate Change Litigation Case Continues

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A Peruvian farmer's climate action lawsuit against a German energy company was continued recently before the Higher Regional Court in Hamm, Germany....more

Jones Day

Montana Supreme Court Holds State Constitution Includes Protections Against Climate Change

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Throughout 2024, young Americans from states like Oregon, California, and Hawaii turned to litigation, arguing that court intervention is necessary to protect them from climate change. The young plaintiffs spearheading these...more

ArentFox Schiff

Going Green? Lessons From Lululemon’s Defense of a ‘Greenwashing’ Class Action

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For the last several years, consumer class actions targeting “greenwashing” have become increasingly common. In 2024, Lululemon Athletica Inc. and Lululemon USA Inc. were on the receiving end of such a lawsuit, but they...more

Integral Consulting Inc.

Rethinking Discount Rates in Natural Resource Damage Assessment: A Framework for More Accurate Valuation

A recent article by Integral economists Ted Tomasi, Will Cooper, and Dave Anning, published in the December 2024 issue of The Environmental Claims Journal, undertakes a comprehensive examination of the process of discounting...more

Jenner & Block

Client Alert: The Proliferation of Plastics Litigation and Insurance Coverage

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Concerns surrounding plastic, particularly microplastics and synthetic microfiber, pollution are growing. As federal and state governments continue to focus on this issue, lawsuits seeking to hold companies accountable for...more

Holland & Knight LLP

Colombia debate Proyecto de Ley para crear salas especializadas en materia ambiental

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Será discutido en segundo debate ante la Plenaria de la Cámara de Representantes del Congreso de la República de Colombia el Proyecto de Ley Estatutaria No. 164 de 2022, “Por la cual se crea la especialidad ambiental en la...more

Integral Consulting Inc.

Considering Environmental Justice in Natural Resource Damage Assessment - Injury to Recreation Resources

Abstract - Determining the amount of restoration needed to compensate the public for injury to natural resources is central to estimating natural resource damages (NRDs). Formal restoration scaling methods have not...more

White & Case LLP

Climate change litigation in Africa: Current status and future developments

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Climate change litigation is increasing steadily worldwide, but few cases have been filed yet in Africa - Only 10 climate change cases have so far been raised on the African continent." Climate change litigation covers a...more

McGlinchey Stafford

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

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Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

Farrell Fritz, P.C.

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

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In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more

Farrell Fritz, P.C.

Fourth Department: Interest in Architecture and Historic Preservation Not Sufficient to Confer Standing Under SEQRA

Farrell Fritz, P.C. on

In Schmidt v. City of Buffalo Planning Bd., 174 A.D.3d 1413 (4th Dept., July 31, 2019), the petitioner, Terrence Robinson, filed suit to prevent the demolition of an architecturally significant apartment complex, claiming...more

Foley Hoag LLP - Environmental Law

Climate Change Litigation Strategy: Swing For the Fences or Hit Singles?

Those seeking to address climate change through litigation have taken two different paths. Some cases, probably best represented by Juliana v. United States, have plaintiffs who are swinging for the fences. These are...more

Ballard Spahr LLP

Colorado Supreme Court Issues Win for Oil and Gas Industry

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The Colorado Supreme Court on January 14 issued an opinion thought to be favorable to Colorado's oil and gas industry....more

Pillsbury Winthrop Shaw Pittman LLP

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Hogan Lovells

Lord Justice Jackson suggests extending Aarhus Rules to all JR claims… again

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On 31 July, Lord Justice Jackson published a report containing a series of proposals on civil litigation costs. While mainly focused on fixed recoverable costs, the report also contained a radical suggestion: to extend the...more

JD Supra Perspectives

Who Can Sue Polluters? New Texas Law HB 1794 Stirs Debate

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A perspective on new Texas legislation HB 1794 by Gerald Pels one of the leaders of the Texas environmental legal community for over 30 years....more

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