The Second Circuit dismissed New York City's climate suit because the Clean Air Act governs the regulation of domestic emissions and foreign concerns caution against judicial intervention in regulating foreign...more
The Situation: With a new federal administration committed to expansive environmental policy change, a wave of state attorney general environmental action is likely also on the horizon.
The Result: As new environmental...more
Climate Change Regulatory Issues & Updates -
Biden Administration Takes Early Action on Climate Change -
In its first week in office, the Biden Administration took initial steps to meet its ambitious goals to address...more
In its first week in office, the Biden Administration took initial steps to meet its ambitious goals to address climate change. These steps are contained in a January 20, 2021, executive order (the "Day One Order"), a January...more
3/1/2021
/ Affordable Clean Energy (ACE) Rule ,
Biden Administration ,
CEQ ,
Climate Change ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
NEPA ,
Paris Agreement ,
Regulatory Agenda
The Background: In recent years, the scientific and regulatory communities have paid increasing attention to per- and polyfluoroalkyl substances ("PFAS"), which have been common components for decades in consumer and...more
On February 20, 2020, the U.S. Environmental Protection Agency ("EPA") used its authority under Section 5(a)(2) of the Toxic Substances Control Act ("TSCA") to issue a proposed supplemental significant new use rule ("SNUR")...more
The private sector is increasingly the target of climate change litigation. These lawsuits seek to hold private companies liable for climate change under state public and private nuisance law. Although the most recent wave of...more
1/31/2020
/ Article III ,
Carbon Emissions ,
Causation ,
Climate Change ,
Due Process ,
Environmental Policies ,
Fossil Fuel ,
Lack of Authority ,
Oil & Gas ,
Private Nuisance ,
Public Nuisance ,
Standing
The Situation: Proposed resolutions in Congress and an injunction request in a Ninth Circuit case both seek significant reductions in fossil fuel use throughout the economy.
The Result: In the near term, it is easy to...more
3/15/2019
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Energy Policy ,
Environmental Policies ,
Fossil Fuel ,
Green New Deal ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Oil & Gas ,
Proposed Legislation ,
Public Trust Doctrine