Your Guide to Emerging Issues in Environmental Regulation and Litigation.
“Global warming and solutions thereto must be addressed by the two other branches of government,” said district court judge John Keenan last July in nixing New York City’s climate change nuisance suit that seeks to hold major oil companies liable for global-warming related injuries resulting from greenhouse gas emissions. New York City appealed Judge Keenan’s … Continued
In early October 2019, the United States Department of Energy (DOE) and the United States Nuclear Regulatory Commission (NRC) executed a memorandum of understanding to share technical resources and expertise to accelerate the development and implementation of advanced nuclear technologies. Under the agreement, the DOE would run a National Reactor Innovation Center (NRIC) with a … Continued
An interesting dichotomy is developing in how federal courts are determining the proper forum for climate change lawsuits, that is whether they should be heard in state or federal court. This question, while seemingly a technical matter of civil procedure, could be fundamental to whether current and future climate change suits will be successful or … Continued
The world set a new record in May 2019, at least on a human perspective. Atmospheric concentrations of CO2 reached 415.26 ppm on May 14, as recorded at the Mauna Loa Observatory in Hawaii, a level not seen in the past three million years. To put that into perspective, the last time atmospheric concentrations … Continued
In late March, a group of fifteen bipartisan senators reintroduced the Nuclear Energy Leadership Act (NELA) bill to the Senate. This legislation was originally introduced in September of 2018, but was not voted on before the Congressional session ended at the end of the year. It is being lauded as an important means for battling … Continued
Last week, the U.S. Court of Appeals for the D.C. Circuit invalidated part of a 2016 EPA rule that made hydrofluorocarbons (HFCs) unacceptable for various uses in aerosols, automobile air conditioners, commercial refrigerators, and foams. In the waning years of the Obama presidency, EPA made an effort to combat climate change by enacting two rules … Continued
In what definitely is becoming a pattern, yet another climate change lawsuit has been dismissed. On February 19, 2019, the United States District Court for the Eastern District of Pennsylvania dismissed the case Clean Air Council, et al. v. United States of America, Civ. No. 17-4977. With this dismissal, six significant climate change lawsuits, and … Continued
Despite booming operations due to shale gas discoveries in recent years, the business climate for the oil and gas industry in the western United States is suffering because of recent political changes and public concerns over, well, climate change. We start in New Mexico, where Gov. Michelle Lujan Grisham inked an executive order in January calling … Continued
As introduced in Part I of this two part posting, two recently released documents – the Intergovernmental Panel on Climate Change report, Global Warming of 1.5°C Summary for Policymakers (IPCC Summary), issued on October 8, 2018, and the Safer Affordable Fuel-Efficient Vehicles Rule for Model Year 2021-2026 Passenger Cars and Light Trucks Draft Environmental Impact … Continued
In 2018, California has seen a spate of devastating wildfires that has already consumed more than 1,000,000 acres, caused scores of deaths, rampant property destruction, and millions of dollars in economic loss. Following a 2017 fire season that was nearly equally as tragic, a public debate has emerged regarding the origin of the increased frequency … Continued