Your Guide to Emerging Issues in Environmental Regulation and Litigation.
The Supreme Court of New Zealand recently removed some significant roadblocks to bringing private law claims against major corporate greenhouse (GHG) emitters with a decision made in the case of Smith v. Fonterra. The decision marks what is seen as one of the first occasions where a court in common law recognized the possibility that … Continued
The U.S. Securities and Exchange Commission last week approved the implementation of standardized climate disclosure rules (posted here) for publicly traded companies and in public offerings. No longer can companies simply post potential risks on their websites or through emails; rather, they must now include them in official SEC filings such as annual reports and … Continued
A new report by the International Energy Agency, released on March 13, found that for the third year in a row, methane released by the fossil fuel industry rose to an almost record high in 2023. Methane emissions are a significant contributor to global warming, second only to carbon dioxide. Although methane is better at … Continued
Over the past seven years, our blog has reported extensively on PFAS developments, litigation, and regulations — most of which has focused on the attention surrounding potential risks associated with PFAS, and the scrutiny given to that chemical class by the U.S. Environmental Protection Agency. Today we are providing a wrinkle seldom seen recently in the … Continued
As part of the United States Aviation Climate Action Plan – which strives to achieve net zero greenhouse gas emissions for United States Aviation by 2050 – the Federal Aviation Administration announced earlier this month its final rules to reduce greenhouse gas emissions from most large aircraft in U.S. airspace. The new rules go into … Continued
Right out of the gate in 2024, we’ve seen several states further regulate the sale of PFAS-containing products. On Jan. 1, a Connecticut statute took effect prohibiting the sale or promotion of any “food package to which PFAS has been intentionally introduced during manufacturing or distribution in any amount.” The law defines “food packaging” to … Continued
In March 2023, the EPA issued its final Good Neighbor Plan, the last in a series of legislations designed to reduce emissions of ozone-forming nitrogen oxide (NO2) which cross state borders. Specifically, the Plan was intended to assist 23 identified states to maintain the EPA’s 2015 National Ambient Air Quality Standards (NAAQS) for smog (ground-level ozone) … Continued
As closely monitored by ELM over the last couple of years, the expansion of cryptocurrency mining in the United States has resulted in the industry simply devouring the country’s energy resources (see here for general background on cryptocurrency mining effects on energy use, and here for an explainer on the federal government’s increased attention to crypto’s energy … Continued
There has been a recent push across the country placing “green amendments” at the forefront of the fight to combat climate change and promote environmental justice. Analogous to the rights enumerated in the Bill of Rights, such as freedom of speech or freedom of religion, a green amendment is an amendment to a state Constitution’s Bill … Continued
Last week, the California Air Resources Board (CARB) was named as a defendant in a new U.S. District Court, Central District of California lawsuit challenging California’s two new climate disclosure and financial reporting laws introduced late in 2023 — Senate bills SB 253 and SB 261. The case is Chamber of Com. Of the U.S. … Continued