Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law
SCOTUS Clean Air Act Cases: What’s New?
Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
PFAS: Increasing Regulations and Managing Legal Liability
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
The Current and Future Landscapes of EPA Criminal and Civil Enforcement
On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
One-on-One with David Fotouhi, Acting General Counsel at the EPA
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
The climate debate has whipsawed in recent years. Businesses frequently have been caught in the middle, with stakeholders including government regulators, activist investors, consumers, non-governmental organizations, and...more
Alabama AG Steve Marshall, joined by 24 other Republican AGs, filed an amicus curiae brief urging the Supreme Court of Maryland to dismiss three consolidated climate lawsuits brought by Maryland local governments against...more
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
A Peruvian farmer's climate action lawsuit against a German energy company was continued recently before the Higher Regional Court in Hamm, Germany....more
Minnesota AG Keith Ellison has obtained an order denying in large part motions to dismiss filed by defendants ExxonMobil Corp., the American Petroleum Institute, Koch Industries, Inc., Flint Hills Resources LP, and Flint...more
As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more
With several pending litigations challenging federal emissions and fuel economy standards, the automotive industry is likely to see continued disruption at a time when it seeks stability....more
Last week, we posted about New York State’s enactment of the Climate Change Superfund Act. We promised to continue to monitor developments concerning climate superfund legislation and to update readers as necessary. It’s been...more
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
On November 12, 2024, The Hague Court of Appeal found in the case Millieudefensie vs. Shell that the Shell Group has an obligation to counter dangerous climate change. However, the Court was not able to establish that the...more
Late last month, the Interagency Working Group on Social Cost of Greenhouse Gases quietly released a three-paragraph memo on how agencies should determine the social cost of greenhouse gas emissions. I hesitate to call it...more
Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more
The Net Zero transition will not be smooth. The scale of the investment required and the appetite and ability of countries to implement new policy – both now and in the years to come – will cause unprecedented disruption and...more
The past few years have seen “ESG” — referring to environmental, social, and governance factors that influence decision making — move from being a fringe shareholder proxy issue to a front-of-mind C-suite issue....more
On April 20, 2022, the Third District Court of Appeal filed its opinion in We Advocate Through Environmental Review v. County of Siskiyou (2022) 78 Cal.App.5th 683, reversing the trial court’s judgment upholding the County’s...more
Earlier this month, the Intergovernmental Panel on Climate Change released Climate Change 2022: Mitigation of Climate Change. As all IPCC reports are, it’s a serious piece of work and not easily summarized at blog length...more
In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more
The Fifth Circuit has stayed an order blocking Biden administration use of the “Interim Estimates” of the social cost of greenhouse gases. The Court did not leave much doubt that the administration will prevail on the...more
In its decision of 18 January 2022, the German Federal Constitutional Court rejected several constitutional complaints against climate protection laws on the federal state level. Further to its seminal 2021 Climate...more
Concurrent with commitments made during the twenty-sixth meeting of the United Nations’ COP26 summit in Glasgow, Scotland, the Biden Administration released two significant policies aimed at analyzing and curtailing the...more
As yet another sign of the surge of climate change litigation around the world, yesterday the Brussels Court of First Instance found the Belgian federal and regional governments in breach of their duty of care and human...more
In the last quarter of 2020 we published under the auspices of A&O Belgium’s Sustainability Flagship Project, an overview analysing the status of current climate change litigation in courts around the world in light of the...more
Mountain Valley Says Natural Gas Pipeline Timing Depends on Litigation, U.S. Approvals - “'As the litigation process progresses and as we receive additional information from FERC regarding potentially releasing the...more
This article follows on from a series of previous articles seeking to address climate change litigation in the context of insurance and reinsurance. Three different, but important, decisions in December 2019 have once again...more
CARB Reports Continued Declines in Greenhouse Gas Emissions - The California Air Resources Board (CARB) is reporting that in 2017, greenhouse gas (GHG) emissions for the state were 424 million metric tons (MMT) of CO2...more