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 International Court of Justice (ICJ) at The Hague thrust itself into the energy/climate debate last week. Via a unanimous advisory opinion issued in connection with a complaint filed by the nation of Vanuatu, the ICJ...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
We previously reported that President Trump issued a series of executive actions to fulfill his pledge to advance the United States’ domestic energy economy. These executive actions, such as President Trump’s Executive Orders...more
Trump Paves Way for Coal Renaissance and Targets State Climate Change Efforts - In early April, President Trump issued several presidential actions to revive the coal industry, including rolling back environmental...more
After eight years of legal proceedings, the Hamm Higher Regional Court has issued its final judgment in the Lliuya v. RWE AG case. The court dismissed the appeal by Mr. Luciano Lliuya without allowing for further appeal...more
The U.S. Environmental Protection Agency (EPA) moved this Wednesday to erase limits on greenhouse gases from power plants and to weaken restrictions on other hazardous power plant emissions, including mercury, arsenic, and...more
In early April, President Trump issued several energy-related presidential actions aimed at reviving the coal industry. These actions could boost the domestic coal industry, including by rolling back environmental regulations...more
On December 18, 2024, the Montana Supreme Court ruled in the case of Held v. Montana, finding that the Montana Environmental Policy Act ("MEPA") violated the state's constitution. In the midst of great change to the federal...more
In welcome news for developers and stakeholders in new carbon capture, utilization, and storage (CCUS) and fossil-fueled energy transition projects, on 22 May 2025, England’s Court of Appeal dismissed an application for...more
U.S. Attorney General Pamela Bondi is expected to release a report any day detailing the Justice Department’s upcoming plans to combat “state overreach,” which is seen as impeding the Trump administration’s energy dominance...more
Following up on our previous posts on United States energy policy under the Trump Administration, we are writing with an update on recent State Attorney General (AG) action in response to the Trump Administration’s climate...more
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
The U.S. Department of Justice filed lawsuits against New York and several other states, challenging their newly enacted state Superfund laws (Superfund lawsuits). The laws aim to address the environmental damages attributed...more
On May 1, 2025, the federal government brought separate suits against both New York and Vermont alleging that these state’s “climate Superfund” statutes are unconstitutional on multiple grounds. In two nearly identical...more
Recently, both the State of Hawaii and the State of Michigan had announced that they would be pursuing litigation against fossil fuel companies concerning alleged damages stemming from the companies' contribution to climate...more
Earlier this month, President Trump issued an executive order that sought to target actions undertaken by individual U.S. states to combat climate change, for the stated purpose of ensuring “American energy dominance.”...more
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
President Trump issued an executive order this Tuesday taking aim at state and local climate change laws and policies, including California’s landmark market program for reducing greenhouse gases. The order directs U.S....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
A coalition of industry associations and 22 state attorneys general (AG), led by West Virginia AG JB McCuskey, filed a lawsuit against the State of New York in the U.S. District Court for the Northern District of New York...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
As Seth Jaffe posted last week, the 9th Circuit recently struck down the City of Berkeley’s first-in-the-nation electrification ordinance that prohibited the installation of gas infrastructure in new buildings, finding the...more
The constitutions of more than three-quarters of the countries on earth have explicit reference to environmental rights or responsibilities. In the last several years courts in the Netherlands, Germany, France, Australia,...more
New York Sues Exxon Mobil, Saying It Deceived Shareholders on Climate Change - "The litigation, which follows more than three years of investigation, represents the most significant legal effort yet to establish that a...more
The U.S. Supreme Court Slows Children's Climate Lawsuit - For Now - "In the latest step of a fascinating bit of constitutional law called Atmospheric Trust Litigation, the Chief Justice halted the District Court trial...more