Your Guide to Emerging Issues in Environmental Regulation and Litigation.
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 …
On April 16, 2021, Interior Secretary Deb Haaland issued two Secretarial Orders intended to prioritize battling the effects of climate change by promoting cleaner energy and modifying the decision-making process concerning federal energy development projects. SO 3398 aims to bolster implementation of the National Environmental Policy Act (NEPA). The order directs Interior Department offices to …
The U.S. Court of Appeals for the Ninth Circuit has declined to rehear the high-profile Juliana v. United States case, which has been followed by Environmental Law Monitor here, here, and here. Last January, the Ninth Circuit dismissed the case for lack of Article III standing, and last week, a little over a year after …
As an unprecedented amount of wild fires continue to ravage the state of California, Gov. Gavin Newsom issued Executive Order N-79-20 on September 23, 2020, banning the sale of new gasoline-powered cars and trucks by 2035—an aggressive attempt to combat the effects of climate change. The order recognizes that bold action is needed to eliminate emissions from transportation, which is the …