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Standing Environmental Litigation Appeals

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

Flood Project Challenge/Clean Water Act/National Environmental Policy Act: Federal Appellate Court Addresses Standing Issue

The United States Circuit Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 24th, 2024 Opinion a challenge to a United States Army Corps of Engineers (“Corps”) project alleging violations of the...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

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

The Fifth Circuit Court of Appeals Really Doesn't Want to Decide Who Has Standing to Bring CAA Penalty Claims

Earlier this week, in what almost certainly has to be the most fractured appellate decision in the history of the United States courts, the 5th Circuit Court of Appeals, sitting en banc, affirmed via per curiam decision the...more

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