Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On March 13, 2026, the U.S. Department of Justice (“DOJ”) and Department of Transportation (“DOT”) on behalf of the U.S., filed suit against California in the United States District Court for the Eastern District of California to block the California fuel mandates. At issue are regulations established by the California Air Resources Board (“CARB”). The …
On January 23, 2026, in a case involving an insurance coverage dispute, the Illinois Supreme Court answered a question certified by the Seventh Circuit Court of Appeals about whether and, to what extent, a permit or regulation authorizing emissions is relevant to the application of a pollution exclusion contained in a standard-form commercial general liability …
Member states of the International Maritime Organization (IMO) voted on Oct. 17 to delay the adoption of a comprehensive plan to decarbonize the global shipping industry. The decision came in response to threats of sanctions from the United States, which warned of tariffs, visa restrictions, and port levies against countries supporting the measure. The IMO …
On August 13, the U.S. District Court for the Central District of California denied the U.S. Chamber of Commerce’s motion for a preliminary injunction seeking to halt enforcement of SB 253 and SB 261, requiring disclosure of greenhouse gas emissions and climate-related financial risks, respectively. SB 253 requires business entities — formed under the laws …
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 …
The Environmental Protection Agency announced Sept. 12 a proposed rule to end the Greenhouse Gas Reporting Program (GHGRP) for most industrial facilities. Under the GHGRP, over 8,000 energy facilities and suppliers are required to calculate and submit their greenhouse gas emissions annually without risk of penalty. If finalized, the proposal would remove reporting obligations for …
The U.S. Court of Appeals for the District of the Columbia Circuit, in a 2-1 vote on Sept. 2, ruled a lower court lacked jurisdiction to hear a case brought by non-profit groups awarded $20 billion in grants under the prior administration’s Greenhouse Gas Reduction Fund Program (GGRFP). The GGRFP was established as part of …
On August 18, 2025, the United States Court of Appeals for the Fourth Circuit issued its long-awaited decision in Sommerville v. Union Carbide Corp., reversing the U.S. District Court for the Southern District of West Virginia’s summary judgment ruling in favor of the plant owner defendants. In the case, the lead plaintiff, on her own …
On July 25, the District Court for the Northern District of New York in Mulhern Gas Co. v. Mosely ruled that New York has the power to enact the All-Electric Building Act (AEBA). The decision clears the way for the AEBA to take effect in 2026, making New York the first state to require (most) …
California – as part of effort to reduce the environmental impact of maritime shipping, particularly within vulnerable port-side communities – has implemented one of the most ambitious port-emission control programs to date. California’s At-Berth Regulation (ABR), implemented in 2007, is a key environmental policy created to reduce air pollution from nonvehicular sources. Since 2014, the …