News & Analysis as of

Clean Air Act Climate Change Appeals

Dechert LLP

Dechert Re:Torts - Issue 18

Dechert LLP on

Bipartisan Momentum Builds to Shine Light on Litigation Funders - In October 2023, we discussed the efforts by Senators Joe Manchin (D-WV) and John Kennedy (R-LA) to address the concerns presented by opaque third-party...more

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

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On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Goldberg Segalla

Appeals Court Rules Californi-missions Standards Can Stay High

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It all started in the early 40’s, when the smog was so bad in California that visibility was measured in city blocks, and people suffered from nausea, stinging eyes, and difficulty breathing. By the 50’s, the California...more

Skadden, Arps, Slate, Meagher & Flom LLP

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices

A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Evolving Climates in the US and UK for Environmental Damage Claims

The November 2022 United Nations Framework Convention on Climate Change (COP27) spotlighted the political and diplomatic challenges of compensating damages caused by climate change. At the same time, fundamental questions...more

King & Spalding

West Virginia v. EPA: The Forecast is Cloudy for Environmental and Agency Regulation

King & Spalding on

The United States Supreme Court recently issued its long-awaited opinion in West Virginia v. EPA, significantly restricting the Environmental Protection Agency’s (“EPA”) authority to combat climate change and regulate carbon...more

Foley Hoag LLP - Environmental Law

State Law Climate Damage Cases (Still) Belong in State Court

In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more

Bennett Jones LLP

Oil Producers Win Another Round in U.S. Climate Change Litigation

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On July 19, 2018, the United States District Court for the Southern District of New York followed an emerging trend in federal jurisprudence by dismissing a claim against several oil and gas producers in City of New York v....more

Akin Gump Strauss Hauer & Feld LLP

Lawsuit Seeking to Hold Federal Government Accountable for Climate Change Likely to Advance to Trial

A climate change lawsuit involving constitutional “issues of first impression” recently achieved a small victory as it pursues a court order directing the U.S. federal government to take actions to reduce greenhouse gas...more

Foley Hoag LLP - Environmental Law

News Flash: Cap-and-Trade Remains the Most Efficient Way to Reduce Emissions

Notwithstanding Congressional gridlock on climate change legislation, cap-and-trade remains the tried and true efficient method for reducing air emissions. Although the acid rain provisions of the Clean Air Act are the most...more

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