Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Faced with back-to-back years of unprecedented flooding, wildfires, and soaring temperatures, sixteen teens and children from Montana, ages 2-18, are suing their home state in what may precipitate the next wave of climate-change litigation. With favorable rulings from a state judge and the Montana Supreme Court, the children’s lawsuit is on track to become the …
President Biden is reportedly contemplating the declaration of a “national climate emergency” (NCE). According to his advisors, all options are on the table for the administration as it seeks to meet its ambitious climate goals. But what are these options, and what practical effect would they have? The most probable economic consequence of an NCE …
The Center for Law, Energy, and the Environment (CLEE) at Berkeley Law last month, in conjunction with the Emmett Institute on Climate Change and the Environment at UCLA Law, issued Driving Equity, a new reportaimed at presenting important policy solutions to make California’s switch to electric vehicles more realistic for lower income citizens. Topping their …
In April, various California communities moved one step closer to holding energy companies liable for damage to public infrastructure allegedly caused by climate change. The communities claimed this damage occurred due to the companies’ use of and advocacy for fossil fuels despite the companies’ understanding of those fuels’ negative environmental impacts. Local governments argue that …
Federal appeals courts in Maryland and Colorado have sent lawsuits seeking to hold energy companies responsible for climate change back to state court even after the U.S. Supreme Court directed the Fourth Circuit to take a second look in the Maryland case. In Maryland, the City of Baltimore seeks millions of dollars in damages for, …
On Monday, March 21, the Securities and Exchange Commission proposed a new rule aimed at requiring public companies to disclose extensive climate-related data to not only the federal government, but also their shareholders. More specifically, the proposed rule, entitled The Enhancements and Standardization of Climate-Related Disclosures for Investors, would amend the SEC’s rules under the …
If ESG were merely a slogan on the proverbial gym wall, companies are about to be held accountable for their public promises of climate change and sustainability focused ambitions. Last month the Securities and Exchange Commission (SEC) proposed significant rule changes to the U.S. Securities Act of 1933 and SEC Act of 1934. If enacted, …
$600 Billion. That is the amount of money directly attributed to weather events brought on or exacerbated by climate change over the past five years. Now a coalition of states, including Connecticut, Delaware, Illinois, Maryland, Michigan, Minnesota, New York, Oregon, Vermont, and Wisconsin, and led by California (the Coalition), are pushing for the U.S. Securities and …
On April 28, 2021, the U.S. Senate voted 52-42 to restore regulations on the oil and gas industry to address methane emissions. Specifically, the regulation will seek to limit methane gas leaks relating to drilling operations by establishing stricter monitoring requirements and requiring corrective actions when leaks are detected. While methane only represents 10 percent …
On May 20, 2021, President Biden issued an Executive Order on climate-related financial risk, in which the new president directs the federal government to develop a strategy to curb the risk of climate change on public and private financial assets in the United States. The order notes that it is the policy of the administration …