News & Analysis as of

Environmental Litigation Energy Sector

Vinson & Elkins LLP

[CLE Hybrid Event] “New NEPA” and What It Means for Project Development, Permitting, and Litigation - September 17th, Houston, TX

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On Wednesday, September 17, Brandon Tuck, Jeremy Marwell, and Andrew Beach will present a CLE entitled “New NEPA” and What It Means for Project Development, Permitting, and Litigation. This program will offer practical...more

BakerHostetler

Pore Space Update: Texas Joins the Majority American Rule, but Accommodation Issues Remain at Play

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Texas is the latest in a growing number of states to tackle the issues related to ownership and severability of the pore space underneath land as carbon capture and sequestration (CCS) remains a relevant tool in CO2...more

Paul Hastings LLP

RWE Case Establishes Legal Precedent for Corporate Climate Accountability Worldwide

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A recent ruling by the Higher Regional Court of Hamm dismissed a plaintiff’s individual claim for climate damages but established a legal precedent with significant implications for energy companies operating in Germany:...more

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

Harris Beach Murtha PLLC

NY Judge Sides with Harris Beach Murtha Client in CLCPA Challenge

A New York court has rejected a lawsuit challenging the New York State Department of Environmental Conservation’s (NYSDEC) renewal of the Caithness Long Island Energy Center’s (CLI Facility) Title V air permit as purportedly...more

Goldberg Segalla

What in the World?! ICJ Issues Landmark Opinion on Climate Change

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In a unanimous decision on July 23, 2025, the fifteen judges on the United Nations’ International Court of Justice (“ICJ”), also known as the “World Court,” concluded that the production and consumption of fossil fuels “may...more

Flaster Greenberg PC

The World Court Rules on Fossil Fuels: Flaster Greenberg

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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

Womble Bond Dickinson

Key U.S. Litigation Risks from Overseas Operations in the Energy and Natural Resources Sector

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Energy and natural resources businesses in the United States continue to face legal risk in the United States from the human rights and environmental impacts of their operations abroad. However, these legal risks have...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Limits Scope of Judicial Review in NEPA Cases

On May 29, 2025, the Supreme Court issued its decision in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al. This decision held that agencies are afforded substantial deference in National...more

Farella Braun + Martel LLP

[Hybrid Event] Environmental Permitting and Litigation Fundamentals for Clean Energy Projects - July 16th, San Francisco, CA

Dive into the fundamentals of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) in our engaging session tailored for professionals in the clean energy sector. By the end of our...more

Morgan Lewis

A German Court Goes Green? Recent Developments in German Climate Litigation

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The Higher Regional Court Hamm dismissed a Peruvian farmer’s claim against a large international energy group for damages related to climate change but acknowledged in an obiter dictum that such claims may be legally possible...more

ArentFox Schiff

Supreme Court Allows Fuel Producers to Contest California’s Emissions Rules

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For decades, California has been granted unique deference in setting Clean Air Act (CAA) emissions limitations for California-sold vehicles through use of a state-specific waiver....more

Goldberg Segalla

Supreme Court Cuts Down ‘Judicial Oak’ of NEPA; Energy and Infrastructure Developments Projected to Increase

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The U.S. Supreme Court has ruled that agencies preparing an Environmental Impact Statement (EIS) under the guidance of the National Environmental Policy Act (NEPA) need only to consider the environmental effects of the...more

White & Case LLP

Germany’s “Climate Case” concludes – What Does This Mean for Future Climate Lawsuits?

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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

Allen Matkins

California Environmental Law & Policy Update 6.13.25

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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

Mintz

Climate Lawsuit Against German Energy Company Dismissed by Court

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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

Winstead PC

Supreme Court Reins in NEPA Reviews - Clearing the Path for Developers

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On May 29, 2025, the Supreme Court handed down its decision in Seven County Infrastructure Coalition v. Eagle County, No. 23-975, 605 U.S. ___ (2025), sharply limiting the scope of environmental review obligations under the...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Connections — June 2025

Sustainable Energy & Infrastructure Connections brings the latest developments in energy investing, legal insights, company activity, and industry events straight to your inbox...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

Robinson+Cole Environmental Law +

Coalition of States Dispute Trump Administration’s “National Energy Emergency” Claim

On the heels of an action by states challenging the Trump administration’s efforts to block federal permits for offshore wind development a lawsuit filed by 15 states on May 9, 2025, claims that the administration misapplied...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

Foley Hoag LLP - Energy & Climate Counsel

Trump Administration Sues Four States to Block Climate Superfund Legislation and Climate Deception Litigation

As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change. Legislative efforts include New York...more

Cozen O'Connor

Vermont’s Climate Superfund Law Draws Heated Challenge from GOP AGs

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A group of 24 Republican AGs, along with several trade associations, sued Vermont over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in fines on fossil fuel companies for alleged...more

Perkins Coie

State Control of Injection Well Permitting Stays in Focus Amid Legal Challenges Over CCS Infrastructure

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Key Takeaways - - EPA is evaluating the Texas Railroad Commission's formal primacy application. If granted, Texas will assume primary enforcement authority—or primacy—over Class VI wells. - Carbon capture and storage...more

Mintz

Trump Administration Files Preemptive Lawsuits Against Hawaii and Michigan to Block Climate Change Litigation

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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

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