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Environmental Policies › Due Process

Haynes Boone

Boxed In? Lawsuit Challenges Constitutionality of Oregon’s EPR Law

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On July 30, 2025, the National Association of Wholesaler-Distributors (NAW) filed a lawsuit1 challenging Oregon’s Plastic Pollution and Recycling Modernization Act. The Act created Oregon’s sweeping extended producer...more

Tonkon Torp LLP

Oregon EPR Law Challenged by Impacted Businesses on Constitutional Grounds

Tonkon Torp LLP on

On July 30, 2025, the National Association of Wholesaler-Distributors (NAW) filed suit against the Oregon Department of Environmental Quality and the Oregon Environmental Commission alleging that Oregon’s Plastic Pollution...more

Seyfarth Shaw LLP

Appeals Court Reinstates Legal Challenge to Local Law 97 Governing Emissions of Greenhouse Gases by Big Buildings in New York City

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In April 2019, the New York City Council passed Local Law 97 (“LL 97”) as part of the Climate Mobilization Act. LL 97 imposes strict restrictions on greenhouse gas emissions for buildings 25,000 square feet or larger and...more

Jones Day

In Keeping With Global Trend, Youths Continue to Advance Climate Litigation in the United States in 2023

Jones Day on

On August 14, 2023, a Montana state court issued a first-of-its-kind judgment in the United States in favor of young plaintiffs in climate litigation. The action Held v. Montana featured 16 youth plaintiffs alleging that...more

Bennett Jones LLP

Climate Change Class Action Dismissed as Non-Justiciable

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After much legal wrangling since the claim was launched against the U.S. federal government and the Office of the President of the United States in 2015, the U.S. Court of Appeals for the Ninth Circuit recently dismissed the...more

Jones Day

Ninth Circuit Dismisses Major Climate Change Lawsuit Against the Federal Government - Court rejects request for extraordinary...

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The private sector is increasingly the target of climate change litigation. These lawsuits seek to hold private companies liable for climate change under state public and private nuisance law. Although the most recent wave of...more

Stoel Rives LLP

Yet Another WOTUS Rule: Will This One Float?

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On January 24, 2020, the Trump Administration’s Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued their long awaited “Waters of the United States” rule defining the jurisdictional reach...more

WilmerHale

Ninth Circuit Watch: Panel Holds That Climate Change Activists Lack Standing to Sue Federal Government

WilmerHale on

On January 17, a divided panel of the U.S. Court of Appeals for the Ninth Circuit held in Juliana v. United States that a coalition of young people lacked standing to require the federal government to develop a plan to “phase...more

(ACOEL) | American College of Environmental...

A Hard Look at the Environmental Rule of Law

(ACOEL) | American College of Environmental... on

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

Foley Hoag LLP - Environmental Law

Citizen Plaintiffs Lose a Climate Suit — Let Me Count the Ways

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Yesterday, Judge Paul Diamond dismissed climate litigation brought by the Clean Air Council and two minor plaintiffs. Like the Juliana case in Oregon, the plaintiffs argued that the government had violated the their rights by...more

Seyfarth Shaw LLP

States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule

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Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more

Perkins Coie

Controversy Over Interior’s Trust Authority in Alaska Remains Unresolved

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A majority panel of the U.S. Court of Appeals for the District of Columbia Circuit recently dismissed the State of Alaska’s challenge to the U.S. Secretary of the Interior’s authority to acquire land in trust for Alaska...more

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