News & Analysis as of

Environmental Policies Appeals Climate Change

DLA Piper

SEC Asks Eighth Circuit Court of Appeals to Rule on Climate Rules Litigation

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The Securities and Exchange Commission (SEC) has asked the Eighth Circuit Court of Appeals to lift its stay and issue a ruling in Iowa v. SEC, the case challenging the validity of its landmark Climate Disclosure Rules...more

Mintz

New York City's Climate-Focused Local Law 97 Upheld By New York Court of Appeals

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On May 22, 2025, the New York Court of Appeals--the highest court in New York State--unanimously upheld New York City's Local Law 97 against a challenge brought by certain property owners. This law--Local Law 97--is “aimed...more

Goldberg Segalla

U.S. Supreme Court Ends Youth Climate Change Suit

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On March 24, in Kelsey Cascadia Rose Juliana et al. v. United States of America et al., the U.S. Supreme Court rejected a petition to hear an appeal from Our Children’s Trust from the Ninth Circuit Court of Appeals decision...more

Jones Day

Montana Supreme Court Holds State Constitution Includes Protections Against Climate Change

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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

Miller Starr Regalia

Second District Affirms Judgment Rejecting CEQA And Other Challenges To CARB’s “Technology-Forcing” Emissions-Control Regulation...

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On February 13, 2025, the Second District Court of Appeal (Div. 7) filed its 71-page published opinion affirming the trial court’s judgment rejecting CEQA safety hazard and cumulative impacts analysis challenges – as well as...more

Cozen O'Connor

New Administration Slams Brakes on Defense of Federal Highway Emissions Rule

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The U.S. DOJ, as counsel for the Federal Highway Administration (FHWA), filed a motion with the U.S. Court of Appeals for the Sixth Circuit seeking voluntary dismissal of its appeal of a lower court decision invalidating a...more

Ballard Spahr LLP

The 60-Day Appeal Clock is Ticking for Challenges to Oregon Wildfire Hazard Map Assignments

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Oregon property owners who are receiving notices from the state that their property is in a zone with high wildfire risk and in a designated wildland-urban interface have until March 7, 2025 to submit appeals. ...more

Pierce Atwood LLP

D.C. Circuit Court Again Addresses NEPA’s Scope

Pierce Atwood LLP on

On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit, in Citizens Action Coalition of Indiana v. FERC, rejected a National Environmental Protection Act (NEPA) and Natural Gas Act (NGA) challenge to FERC’s...more

Paul Hastings LLP

Dutch Appeal Court Overturns Emissions Reduction Targets on Shell

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On April 5th, 2019, environmental activist group Milieudefensie (Friends of the Earth) Netherlands and co-plaintiffs served Shell a court summons alleging Shell’s contributions to climate change violated its duty of care...more

Pillsbury Winthrop Shaw Pittman LLP

DC Circuit Rules White House CEQ Lacks Authority to Issue Binding NEPA Regulations

The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA). While the decision does not invalidate any actions...more

Jones Day

Landmark Climate Change Case Overturned: The Hague Court of Appeals Overturns Ruling Ordering Shell to Reduce CO2 Emissions

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On November 12, 2024, The Hague Court of Appeals overturned the landmark climate change litigation case that imposed a 45% CO2 reduction obligation on Shell....more

Skadden, Arps, Slate, Meagher & Flom LLP

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices

A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more

(ACOEL) | American College of Environmental...

A Hard Look at the Environmental Rule of Law

Years in the making, the first global report on the Environmental Rule of Law (ERL) was issued by the United Nations Environment Program and the Environmental Law Institute (ELI) in January 2019.  The report is a...more

White & Case LLP

UK Planning Policy on Shale Gas Found "Unlawful" by the High Court

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Climate change is an increasingly important concern for lawmakers and decision makers around the world. For companies and institutions looking to promote hydrocarbon projects in the future, climate change considerations may...more

Perkins Coie

Federal Agencies Must Modify Operations at Columbia River Hydroelectric System to Protect Salmonid Species

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The Federal Court of Appeals for the Ninth Circuit recently affirmed a district court order requiring that the National Marine Fisheries Service, the Corps of Engineers, and the Bureau of Reclamation conduct spill operations...more

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