News & Analysis as of

Environmental Policies Constitutional Challenges Greenhouse Gas Emissions

Jenner & Block

California Vehicle Waiver: Congressional Review Act Showdown

Jenner & Block on

The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order...more

Jones Day

Climate Resilience Under Legal Scrutiny: France's Adaptation Plan Challenged in Groundbreaking Action

Jones Day on

On April 7, 2025, a coalition of climate-impacted individuals and leading environmental NGOs—including Greenpeace and Notre Affaire à Tous—addressed a formal notice to the French government, challenging France's adaptation...more

Cozen O'Connor

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

Cozen O'Connor on

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

Latham & Watkins LLP

Executive Order Targeting State Energy Regulations: Impacts and Responses From States

Latham & Watkins LLP on

The order instructs the Attorney General to curb state and local climate initiatives and prepare a report within 60 days detailing those efforts....more

Morgan Lewis

Executive Order Seeks to Limit State Role in Energy Regulation

Morgan Lewis on

The US administration issued the executive order “Protecting American Energy from State Overreach” on April 8, 2025, directing the US Attorney General to identify and challenge state- and local-level energy and climate...more

Troutman Pepper Locke

New Executive Order Challenges State Climate Laws

Troutman Pepper Locke on

Challenging a slew of state climate-related laws and programs, President Trump’s April 8, 2025 executive order (EO) set the stage for more legal fights between the federal government and states. In the new EO, “Protecting...more

Perkins Coie

Trump Signs Executive Order Purporting to Protect Domestic Energy Resources from State Overreach

Perkins Coie on

On Tuesday, April 8, 2025, President Trump signed an executive order entitled Protecting American Energy from State Overreach. The order directs Attorney General Pam Bondi to identify state laws and policies that burden...more

Vinson & Elkins LLP

President Trump Targets State Laws That Burden Energy Production

Vinson & Elkins LLP on

On April 8, 2025, President Trump issued an Executive Order titled “Protecting American Energy From State Overreach” (the “Executive Order”), which directs the United States Attorney General to identify and halt the...more

Fenwick & West LLP

Trump Takes Aim At State Climate Change Laws

Fenwick & West LLP on

On April 8, 2025, President Donald Trump issued an executive order “aimed at securing America’s energy dominance by removing unlawful and burdensome state-level impediments to domestic energy production.”...more

Jones Day

Montana Supreme Court Holds State Constitution Includes Protections Against Climate Change

Jones Day on

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

Foley Hoag LLP - Environmental Law

New York State Amends Landmark “Climate Change Superfund Act” Amidst Legal Challenges

We previously reported on New York State’s enactment of the Climate Change Superfund Act (the “Climate Superfund Act” or the “Act”), groundbreaking legislation that seeks to recover $75 billion from fossil fuel producers for...more

Latham & Watkins LLP

Legal Battle Over California’s Climate Disclosure Laws Continues as Plaintiffs File a Motion for Preliminary Injunction

Latham & Watkins LLP on

Paramount to the ruling in the upcoming May 5, 2025, hearing is the likelihood that strict scrutiny will apply to the plaintiffs’ First Amendment claims against SB 253 and SB 261....more

Vinson & Elkins LLP

New York Passes Climate Superfund Legislation - Updated 3.6.25

Vinson & Elkins LLP on

On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York...more

Latham & Watkins LLP

Court Dismisses Portions of Lawsuit Against California Climate Disclosure Laws

Latham & Watkins LLP on

Supremacy Clause and Dormant Commerce Clause claims against SB 253 and SB 261 were dismissed, while claims under the First Amendment proceed to discovery....more

Troutman Pepper Locke

22 AGs Challenge New York’s Climate Superfund Law

Troutman Pepper Locke on

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

Mintz

Red State AGs Sue New York State in Challenge to Climate Change Superfund Act

Mintz on

In December 2024, the State of New York enacted the “Climate Change Superfund Act,” which would impose retroactive fines on fossil fuel producers for greenhouse gas emissions that contribute to climate change. (New York was...more

Latham & Watkins LLP

Environmental Groups, Biofuel Trade Association Challenge Amendments to the California Low Carbon Fuel Standard

Latham & Watkins LLP on

Stakeholders should anticipate potential delays and market impacts amid the ongoing legal challenges and the Office of Administrative Law’s recent disapproval....more

Jenner & Block

Client Alert: New York Ushers in New Era of Climate Liability and Litigation with the Climate Change Superfund Act

Jenner & Block on

On February 6, 2025, twenty-two states and four energy industry organizations and businesses filed a lawsuit challenging New York’s “climate superfund” law. This law, signed on December 26, 2024 by New York Governor Kathy...more

Morrison & Foerster LLP - Class Dismissed

A New Era of Climate Accountability: State Climate Superfund Laws Gain Momentum

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

Cozen O'Connor

New York Climate Superfund Law Faces Heated Opposition from Republican AGs

Cozen O'Connor on

A group of 22 Republican AGs, along with several coal, oil, and gas companies and industry trade associations, sued New York over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in...more

Paul Hastings LLP

New York State Bill Seeks to Impose Greenhouse Gas Emissions Disclosure Requirements

Paul Hastings LLP on

On January 27, 2025, N.Y Sen. Brad Hoylman-Sigal (D), introduced Senate Bill 3456 (“SB 3456”) calling for the adoption of the Climate Corporate Data Accountability Act (“CCDAA”). The bill is substantively identical to...more

Vinson & Elkins LLP

Ongoing Legal Battle Over California’s Climate-Related Disclosure Laws: District Court Dismisses Supremacy Clause and...

Vinson & Elkins LLP on

On February 3, 2025, the U.S. District Court for the Central District of California granted a partial motion to dismiss filed by the California Air Resources Board (“CARB”), dismissing the claims that SB 253 (the Climate...more

Troutman Pepper Locke

Court Order Hobbles Challenge to California’s Climate Disclosure Laws

Troutman Pepper Locke on

Companies following the ongoing legal challenge to California’s climate disclosure laws in hopes that the court would strike down or limit the scope of these laws will be disappointed by the order issued by the U.S. District...more

Holland & Hart LLP

Two Pivotal Montana Supreme Court Decisions Impact Industry

Holland & Hart LLP on

On Friday, January 3, 2025, the Montana Supreme Court issued a decision in MEIC v. DEQ (Laurel Generating Station), its second major decision on the Montana Environmental Policy Act (MEPA) in the last few weeks that affects...more

Jones Day

New York Enacts Climate Change Law That Fines Companies for Historical Emissions

Jones Day on

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

32 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide