DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
The Canadian Competition Bureau (Bureau) recently released the final version of its guidance titled Environmental claims and the Competition Act (Guidelines). The Guidelines follow draft guidance, released in December 2024,...more
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
A Peruvian farmer's climate action lawsuit against a German energy company was continued recently before the Higher Regional Court in Hamm, Germany....more
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
On October 7, 2024, the Hawaii Supreme Court, responding to questions certified by the United States District Court for the District of Hawaii, determined that insurers had no duty to defend Aloha Petroleum ("Aloha") in two...more
In this week’s edition, we discuss the UK’s advertising regulator’s continued focus on greenwashing enforcement – this time, in relation to Virgin Atlantic and its use of sustainable aviation fuel. We also discuss the latest...more
Update: On February 20, the Empowering Consumers for the Green Transition Directive (the “Directive”) received final approval from the European Council and was published in the Official Journal of the EU on March 6, 2024. The...more
Australia continues to be a highly active jurisdiction for climate-related lawsuits. Since our last update in August 2023, we have seen a steady stream of suits commenced against corporations and government bodies in relation...more
Key Takeaways - On January 17, the European Parliament approved the Empowering Consumers for the Green Transition Directive (the “Directive”), aimed to improve environmental marketing practices and ban the use of...more
The Commodity Futures Trading Commission (CFTC) issued proposed guidance (the Proposed Guidance) regarding the listing of voluntary carbon credit (VCC) derivatives on CFTC-regulated exchanges on Dec. 4, 2023. The CFTC's goal...more
Plaintiffs recently filed a class action lawsuit against Delta, alleging that the airline’s “carbon-neutral” claims, such as: “Carbon Neutral Since March 2020,” and “travel confidently knowing that we will offset the carbon...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
While the technical feasibility of a decarbonised economy essentially based on renewable energies is taking shape, the French Republic has just been found liable for environmental harm in relation to climate change by the...more
On September 28, 2018, the Fourth District Court of Appeal in Golden Door Properties, LLC v. County of San Diego (“Golden Door”) invalidated the County of San Diego’s recommended efficiency metric for analyzing the...more
As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more
Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more
Earlier this week, the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay of the Federal Energy Regulatory Commission’s (FERC) approval of Transcontinental Gas Pipe Line Company,...more
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
On February 3, 2014, the United States Court of Appeals for the Ninth Circuit declined to rehear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could significantly...more
Briefing before the U.S. Supreme Court is currently underway in a matter involving challenges to the suite of greenhouse gas (GHG) cases decided by the U.S. Court of Appeals for the District of Columbia Circuit in December...more
The federal courts barred federal common law nuisance actions to obtain money damages or injunctive relief. American Elec. Power Co. v. Connecticut, 131 S. Ct. 2527 (2011)(holding nuisance claims seeking injunctive relief...more
Yesterday, the Court of Appeal for the First District issued its ruling in California Building Industry Association v. Bay Area Air Quality Management District. In a win for public agencies, the court held that establishing...more