Your Guide to Emerging Issues in Environmental Regulation and Litigation.
When Hurricane Melissa hit Jamaica last week it was one of the strongest recorded hurricanes in the Atlantic at 185 miles per hour. For perspective, Hurricane Gilbert in 1980 tops the record at 190 miles per hour. A recent study conducted by the Imperial College in London England, using an Imperial College Storm Model called … Continued
Gov. Kathy Hochul recently announced two grant opportunities totaling $26 million for projects aimed at addressing the impact of climate change and protecting water quality across New York State. Twenty-four million of these funds will be made available through the Climate Resilient Farming Grant Program (CRF), and the remaining $2 million will be provided through … Continued
A South Carolina State Court judge in City of Charleston v. Brabham Oil Company, Inc., et al., dismissed on Aug. 6 an action against nearly two dozen oil and gas companies. The suit, initially filed in 2020, alleged the defendants contributed to harmful climate change and deceived people about the dangers of their fossil fuel … Continued
In a unanimous decision on July 23, 2025, the fifteen judges on the United Nations’ International Court of Justice (“ICJ”), also known as the “World Court,” concluded that the production and consumption of fossil fuels “may constitute an internationally wrongful act attributable to that state.” The opinion also stated that limiting global warming to 1.5C … Continued
The U.S. Department of Justice filed lawsuits against New York and several other states, challenging their newly enacted state Superfund laws (Superfund lawsuits). The laws aim to address the environmental damages attributed to climate change by requiring fossil fuel companies to contribute to state-managed funds designated for climate adaptation and cleanup efforts. The lawsuits raise … Continued
As we reflect on environmental stewardship this week, the accelerating loss of biodiversity remains one of the most critical challenges facing our planet. Healthy ecosystems provide essential services – clean air and water, pollination, climate regulation, and more – underpinning human well-being and economic stability. While international efforts aim to address this crisis, action within … Continued
The ELM blog has covered several lawsuits filed over the past several years against major fossil fuel companies by plaintiffs seeking damages due to climate change caused by greenhouse gas emissions. The claims in these lawsuits have been based on not only common law principles such as public nuisance, but also state laws, including California’s … Continued
In one of its last official acts before starting its summer recess earlier this month, the California legislature passed a bill putting Prop 4 on the November ballot, which would allow the state to borrow $10 billion plus interest toward addressing climate change. Before it gained the moniker “Prop 4,” the bond measure was initially … Continued
On May 28, multiple federal agencies in conjunction with the White House published a Joint Policy Statement that laid out the principles for the further development of future, high-integrity voluntary carbon-credit markets. The 12-page Joint Statement of Policy and New Principles for Responsible Participation in Voluntary Carbon Markets was co-signed by Treasury Secretary Janet Yellen, … Continued
On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) published what has been deemed as an “historic” and “unprecedented” advisory opinion on climate change, international law, and on state obligations regarding climate change. Sought by the international organization called the Commission of Small Island States (COSIS), the historic nature of … Continued