News & Analysis as of

Supreme Court of the United States Environmental Litigation Climate Change

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Mintz

Colorado Supreme Court Allows Climate Tort Litigation to Proceed

Mintz on

On May 12, 2025, in a 5-2 decision, the Colorado Supreme Court held that the tort claims brought by local governments in Colorado against major fossil fuel companies concerning damages stemming from climate change could...more

Goldberg Segalla

U.S. Supreme Court Ends Youth Climate Change Suit

Goldberg Segalla on

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

Foley Hoag LLP - Energy & Climate Counsel

Climate Litigation Against the US Is Dead. How Long Will State Climate Damage Cases Survive?

On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert. denial leaves in place the 9th Circuit Court of Appeals decision that ordered the case dismissed for lack of standing. At least for...more

Fenwick & West LLP

U.S. Supreme Court Allows Honolulu's Lawsuit Against Oil and Gas Companies to Proceed in State Court

Fenwick & West LLP on

On Monday, the U.S. Supreme Court announced that it will not hear an appeal from certain major oil and gas companies to dismiss a lawsuit by the city of Honolulu seeking to hold the companies responsible for the impacts of...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

Mintz

SEC Argues That Climate Disclosure Regulation Survives Demise of the Chevron Doctrine

Mintz on

Earlier this year, the SEC issued its long-awaited regulation concerning mandatory climate disclosures.  As expected, this climate disclosure rule was immediately challenged in the courts by, among others, conservative states...more

Zelle  LLP

Big Oil Certiorari Denial May Alter Climate Change Litigation

Zelle LLP on

By Dennis Anderson and Deepa SutherlandTo read this article in PDF format, please click here. On April 24, the U.S. Supreme Court dealt a heavy blow to Big Oil defendants seeking to remove climate change cases to federal...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

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

Bracewell LLP on

One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2018 #4

The U.S. Supreme Court Slows Children's Climate Lawsuit - For Now - "In the latest step of a fascinating bit of constitutional law called Atmospheric Trust Litigation, the Chief Justice halted the District Court trial...more

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