News & Analysis as of

Greenhouse Gas Emissions State and Local Government Clean Air Act

Harris Beach Murtha PLLC

NY Judge Sides with Harris Beach Murtha Client in CLCPA Challenge

A New York court has rejected a lawsuit challenging the New York State Department of Environmental Conservation’s (NYSDEC) renewal of the Caithness Long Island Energy Center’s (CLI Facility) Title V air permit as purportedly...more

Jones Day

Trump Paves Way for Coal Renaissance and Targets State Climate Change Efforts

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In early April, President Trump issued several energy-related presidential actions aimed at reviving the coal industry. These actions could boost the domestic coal industry, including by rolling back environmental regulations...more

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

State Air Trends & Successes: Association of Air Pollution Control Agencies Issues 2025 Report

The Association of Air Pollution Control Agencies ("AAPCA") issued the 2025 edition of its annual report titled: State Air Trends & Successes ("Report")....more

Mintz

Pennsylvania State Court Dismisses Climate Tort Litigation Against Major Fossil Fuel Companies

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A local state court in Pennsylvania recently dismissed an array of climate tort claims brought against major fossil fuel companies by a local government--in this case, Bucks County. Among the three dozen or so climate tort...more

Foley Hoag LLP - Energy & Climate Counsel

Trump Administration Sues Four States to Block Climate Superfund Legislation and Climate Deception Litigation

As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change. Legislative efforts include New York...more

Allen Matkins

California Environmental Law & Policy Update 5.9.25

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The House passed resolutions last week to rescind federal waivers that allow California to set stricter vehicle emissions standards than the rest of the country. California’s standards currently require the sale of most...more

Pillsbury - Gravel2Gavel Construction & Real...

Federal Government Sues Four States Over Climate Superfund Laws and Climate Change Litigation

The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies...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

Pillsbury Winthrop Shaw Pittman LLP

The Battle Over Climate Superfund Laws: Legal Challenges in Vermont and New York

States are increasingly turning to “Climate Superfund” laws as a potential mechanism to offset the growing costs of climate-related disaster recovery and the construction of more climate change-resilient infrastructure. These...more

Mintz - ML Strategies

Potential Fallout if Endangerment Finding Is Rescinded

Mintz - ML Strategies on

On March 13, the Environmental Protection Agency (EPA) announced it would move forward with reconsideration of the Greenhouse Gas Endangerment Finding (Endangerment Finding) as directed in President Trump’s Executive Order...more

Jones Day

Back to the Laboratories: U.S. State Climate Initiatives Amid Federal Transition

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While federal policymaking has already begun to shift away from the climate change programs of the Obama and Biden administrations, many states are expected to continue pursuing expansive climate policies and building upon...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

Morrison & Foerster LLP

Advanced Clean Fleets Regulations No Longer in Force for Most Fleet Operators and Owners

In the face of the Trump administration’s hostility toward California’s Clean Air Act waivers in general, CARB withdrew its request to EPA for a waiver for the Advanced Clean Fleets (ACF) regulation on January 13, 2025....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

Morris James LLP

An Endangered Species: Delaware environmental policy and permitting

Morris James LLP on

State environmental policy will impact Delawareans’ quality of life and the state’s ability to attract and retain high quality jobs for years to come. Existing businesses as well as new ones rely on a rational environmental...more

Benesch

Colorado LER Reporting Deadline Extended for Brokers, Motor Carriers, Freight Forwarders & Private Fleets

Benesch on

Motor carriers, brokers, freight forwarders and private fleets that are required to comply with Colorado’s new Large Entity Reporting (“LER”) requirement, a relatively unpublicized new regulatory measure in the State of...more

Allen Matkins

California Withdraws Clean Air Act Waiver Requests for Vehicle Emissions Standards

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On Monday, January 13, 2025, California withdrew requests for Clean Air Act waivers from the EPA needed to support four recently adopted vehicle emissions regulations: 1) the Advanced Clean Fleets Regulations; 2) the In-Use...more

Foley Hoag LLP - Environmental Law

New York’s Climate Superfund Act Forces Polluters to Fund State Climate Adaptation Projects

With the incoming Trump administration poised for an attack on federal environmental regulations, states are quickly emerging with actions on climate change. On December 26, 2024, New York Governor Kathy Hochul signed into...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

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

Spilman Thomas & Battle, PLLC

Pennsylvania and RGGI – Decision and Resolution

On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch, through the Pennsylvania Department of Environmental...more

Procopio, Cory, Hargreaves & Savitch LLP

Unpacking California's 2024 Zero Emission Fleet Mandate

Should state and local governments be concerned about California’s 2024 mandate to purchase zero emission fleet vehicles given that many of those vehicles do not yet exist? Procopio's John Lormon and Matt Abbot address...more

Verrill

Massachusetts Clean Heat Standard – No More Business as Usual for the Heating Sectors

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The Massachusetts Department of Environmental Protection (MassDEP) is gearing up for a massive regulatory effort aimed at reducing greenhouse gas emissions from the residential heating sector and the commercial and industrial...more

Allen Matkins

California Environmental Law & Policy Update - 4.07.23

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A Kentucky federal district court judge last Friday denied the state’s request to block the Biden administration’s new regulation redefining federally regulated “waters of the United States” (WOTUS) from taking effect within...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

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