News & Analysis as of

Greenhouse Gas Emissions Climate Change Appeals

Vinson & Elkins LLP

Ongoing Legal Battle Over California’s Climate-Related Disclosure Laws: District Court Gives Red Light to Preliminary Injunction...

Vinson & Elkins LLP on

On August 13, 2025, the U.S. District Court for the Central District of California denied a motion for preliminary injunction to enjoin California Senate Bills 253 and 261. The Chamber of Commerce and five co-Plaintiffs...more

Morgan Lewis

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

Morgan Lewis on

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

Vinson & Elkins LLP

English Court of Appeal Dismisses Application for Judicial Review on Carbon Capture Project at Net Zero Teesside

Vinson & Elkins LLP on

In welcome news for developers and stakeholders in new carbon capture, utilization, and storage (CCUS) and fossil-fueled energy transition projects, on 22 May 2025, England’s Court of Appeal dismissed an application for...more

Mintz

Climate Lawsuit Against German Energy Company Dismissed by Court

Mintz on

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

Mintz

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

Mintz on

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

Jones Day

German Landmark Climate Change Litigation Case Continues

Jones Day on

A Peruvian farmer's climate action lawsuit against a German energy company was continued recently before the Higher Regional Court in Hamm, Germany....more

Mintz

SEC Abandons Climate Disclosure Rule

Mintz on

As expected, the SEC under the Trump Administration has abandoned the climate disclosure rule promulgated by the Biden Administration. Specifically, as stated in a court filing today, “the Commission has determined that it...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

Miller Starr Regalia

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

Miller Starr Regalia on

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

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

Paul Hastings LLP on

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

How Broad Is Too Broad? Supreme Court Considers Scope of NEPA

The U.S. Supreme Court is poised to address a circuit split over whether an agency doing an environmental review under the National Environmental Policy Act (NEPA) must consider effects beyond its regulatory jurisdiction,...more

Proskauer - Regulatory & Compliance

The Fate of the New U.S. Climate Change Rules Under the New Republican Administration; Certain States are Expected to Ramp Up...

It is no secret that the incoming Republican Administration has been skeptical of the federal government’s climate change measures, which brings further uncertainty to the SEC’s new climate change rules (the “Rules”).  To be...more

Jones Day

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

Jones Day on

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

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

Pillsbury Winthrop Shaw Pittman LLP

SEC’s Climate Disclosure Rules Could Collide with California’s Laws

The SEC’s new climate regulations generate uncertainty for companies that must comply with both the SEC’s and California’s climate-related disclosure requirements. On March 6, 2024, the U.S. Securities and Exchange...more

Davis Wright Tremaine LLP

The Oregon Climate Protection Program Is Dead. Long Live the Climate Protection Program?

The Oregon Department of Environmental Quality (DEQ) just announced that it would not appeal a recent decision by the Oregon Court of Appeals invalidating the Climate Protection Program (CPP), Oregon's sweeping administrative...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

Foley Hoag LLP - Environmental Law

FERC Cannot Avoid the Social Cost of Carbon By Arguing That It is Not Universally Accepted

On August 3, the District of Columbia Court of Appeals held that FERC could not avoid use of the social cost of carbon in assessing the impacts of natural gas projects by arguing that “there is no universally accepted...more

Flaster Greenberg PC

Climate Lawsuits Face Setbacks as they Raise Major Public Policy Issues

Flaster Greenberg PC on

The drive to litigate public policy over climate change took some hits the last two weeks in the United States Supreme Court. First, last Monday in the case of Mayor and City Council of Baltimore v. BP P. L. C. et al.,...more

Holland & Knight LLP

U.S. Court of Appeals Holds That Climate Change Tort Claims are Dischargeable in Bankruptcy

Holland & Knight LLP on

On May 6, 2020, in the case of In re Peabody Energy Corporation, 958 F.3d 717 (8th Cir.), the U.S. Court of Appeals for the Eighth Circuit held, in an apparent case of first impression, that state statutory and common-law...more

Allen Matkins

California Environmental Law & Policy Update - January 2020 #2

Allen Matkins on

Focus - U.S. appeals court orders dismissal of young people's lawsuit over climate change - U.S. News & World Report – January 17 - A federal appeals court on Friday threw out a lawsuit by children and young adults...more

White & Case LLP

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

White & Case LLP on

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2018 #3

Energy Companies to Appeal Loss of Forest Service Permit for Atlantic Coast Pipeline - "The builders of the $7 billion Atlantic Coast Pipeline say they will appeal a federal court ruling that invalidated a permit allowing...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...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