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A South Carolina state trial court recently dismissed a climate tort case filed by the City of Charleston seeking to hold major energy companies liable for harms allegedly caused by climate change. This ended a case that had...more
The U.S. Environmental Protection Agency (EPA) on July 29 proposed to repeal its landmark finding that greenhouse gas emissions endanger public health. The EPA’s so-called endangerment finding, issued in 2009, is a formal...more
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
In the past couple of years, multiple states across the nation have made various attempts to attract cryptocurrency mining centers at which the virtual currency is “mined” on a colossal scale — a process requiring a...more
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
This alert was originally published on September 19, 2024, and has been revised based on recent developments. Update: On April 29, 2025, US EPA and the Texas Railroad Commission (RRC) signed a memorandum of agreement...more
On April 8, 2025, President Trump issued Executive Order 14260, Protecting American Energy From State Overreach. Framed as part of the Administration’s broader strategy of unleashing American energy, the Order directs...more
On April 8, 2025, President Trump issued an Executive Order titled “Protecting American Energy From State Overreach” (the “Executive Order”), which directs the United States Attorney General to identify and halt the...more
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
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
The United States Environmental Protection Agency (“EPA”) Office of Enforcement and Compliance Assurance (“OECA”) issued a March 12th memorandum titled: Implementing National Enforcement and Compliance Initiatives...more
On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York...more
In California's continuing war on businesses, a legislator recently introduced a bill to enact the "Polluters Pay Climate Superfund Act of 2025", AB 1243 (Addis). This bill would establish the a program to be administered by...more
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
As we enter 2025 amid the devastating Los Angeles fires and with a new presidential administration, we continue our series of yearly reviews of the most significant governmental actions taken by the state of California...more
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
On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more
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,...more
The Biden administration is restoring significant state and tribal authority over water resources and expanding their leverage on infrastructure permitting decisions, including for pipelines. With a final rule announced this...more
The Biden administration proposed new regulations this Thursday that, if enacted, would aggressively limit greenhouse gas emissions from power plants. The move stands to force major changes in the energy sector and is likely...more
After years of litigation over the proper venue for climate change lawsuits, several federal courts of appeal have recently sent those cases to state courts across the nation, where they are now set to move forward. This...more
The Connecticut General Assembly passed climate-related risk legislation on June 17, 2021 in a section of its state budget implementation bill, making this legislation the first climate-related risk legislation in the United...more
On June 4, 2020, the Massachusetts Office of the Attorney General (AGO) filed a petition with the Department of Public Utilities (DPU) requesting that the DPU open an investigation “to assess the future of local gas...more
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
Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more