News & Analysis as of

Environmental Litigation Environmental Protection Agency (EPA) Greenhouse Gas Emissions

Akin Gump Strauss Hauer & Feld LLP

EPA Officially Proposes Revocation of Endangerment Finding

The Environmental Protection Agency (EPA) recently published its heavily anticipated proposal to revoke its 2009 determination under section 202(a) of the Clean Air Act (CAA) that greenhouse gases (GHG) "cause, or contribute...more

Akin Gump Strauss Hauer & Feld LLP

Global Warning: ICJ Declares Climate Obligation

On July 23, 2025, the International Court of Justice (ICJ) issued a landmark advisory opinion, holding that nation-states have obligations under international law to mitigate greenhouse gas (GHG) emissions, adapt to the...more

Pillsbury Winthrop Shaw Pittman LLP

New International Court of Justice Advisory Opinion Raises Global Liability Stakes Around GHG Emissions and Climate Change amid...

The Opinion interprets member states’ responsibilities under treaty and customary international law. In a sweeping and landmark declaration, the Opinion advises that member states have a duty to reduce emissions, regulate...more

Allen Matkins

California Environmental Law & Policy Update 6.13.25

Allen Matkins on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Greenhouse Gas Reporting Rule for 2024 Data: Environmental Defense Fund Files Judicial Challenge to U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) extended on March 20th the reporting deadline under the Greenhouse Gas Reporting Rule for 2024 data. See 90 Fed. Reg. 13085. EPA extended the reporting deadline...more

BakerHostetler

Regulating Automotive Emissions: Part IV - Emissions Litigation To Watch

BakerHostetler on

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

Foley Hoag LLP - Energy & Climate Counsel

Montana Protects a Constitutional Right to a Stable Climate: Will Any Other States Follow Suit?

Earlier this week, the Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution. Specifically, the court ruled that: - The...more

Akin Gump Strauss Hauer & Feld LLP

Trends in Climate Litigation

Climate litigation has attracted significant media attention in recent years, with the number of cases globally continuing to grow markedly. Such cases broadly fall into two categories: claims for compensation related to...more

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court Refuses to Halt EPA Power Plant Emissions Rule Pending Federal Appeal

On October 16, 2024, the United States Supreme Court shot down requests from states and industry groups to stay the implementation of the Environmental Protection Agency’s (EPA) rule to reduce carbon emissions from coal-fired...more

Adams & Reese

EPA Greenlights Greenhouse Gas Emissions for Heavy-Duty Vehicles, But States File Lawsuit

Adams & Reese on

Less than a month after the Environmental Protection Agency (EPA) published environmental operational standards and greenhouse gas emission regulations for owners and operators of heavy-duty vehicles, including major freight...more

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

Jenner & Block on

On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Foley Hoag LLP - Environmental Law

Each Federal Agency Should Use Its Judgment in Determining the Social Cost of Carbon — How’s That Going to Work Out?

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

Jenner & Block

Montana State Court Sides with Youth Plaintiffs in Unique Climate Change Lawsuit (Corporate Environmental Lawyer )

Jenner & Block on

On August 14, 2023, a Montana state court found that a Montana environmental review statute (the Montana Environmental Policy Act or MEPA) that limited (and as amended in May 2023, precluded) consideration of greenhouse gas...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: An End-of-Year Environmental Update

As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more

(ACOEL) | American College of Environmental...

Sackett Preview: Sound and Fury Signaling What Exactly?

The Supreme Court kicks off its 2022 term on October 3 with the highly anticipated argument in Sackett v EPA. Petitioners are seeking another blockbuster ruling a la West Virginia v EPA that hamstrung EPA’s authority to...more

Foley Hoag LLP - Environmental Law

State Law Climate Damage Cases (Still) Belong in State Court

In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more

Holland & Hart LLP

Legal Storm Clouds Gather As New Climate Change Policies Are Released

Holland & Hart LLP on

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

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick...

This is a brief review of recent significant environmental and administrative law rulings and developments. With the change in presidential administrations, the fate of at least some of the newly promulgated rules is...more

Downey Brand LLP

Biden’s Inauguration Day Executive Order on Environment and Energy Regulation

Downey Brand LLP on

On his first day in office on January 20, 2021, President Biden signed an Executive Order titled, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” (the Order). The Order...more

Allen Matkins

California Environmental Law & Policy Update - August #2

Allen Matkins on

Focus - EPA will not approve labels that say Roundup chemical causes cancer - U.S. News & World Report – August 8 - The U.S. Environmental Protection Agency (EPA) announced this Thursday that it will not approve...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - March 2018 #4

Trump Prepared to Hit China with $60 Billion in Annual Tariffs - "President Trump is preparing to impose a package of $60 billion in annual tariffs against Chinese products, following through on a longtime threat that he...more

Morrison & Foerster LLP

Golden State Forges Ahead With Sweeping Climate Change Regulatory Regime

With federal climate change regulations facing an uncertain future, the California Air Resources Board (CARB) recently released a far-reaching new plan to reduce the state’s greenhouse gas (GHG) emissions 40 percent below...more

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