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Climate Change Greenhouse Gas Emissions Preemption

Dechert LLP

Dechert Re:Torts - Issue 18

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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

Jones Day

States and Industry Groups Challenge California's Regulation of Vehicular Greenhouse Gas Emissions

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Ohio et al. v. EPA, No. 22-1081, currently being briefed in the U.S. Court of Appeals for the D.C. Circuit, presents significant issues about the scope of federal and state sovereignty, the resolution of which could have...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

King & Spalding

Second Circuit Climate Change Ruling Affirms Dismissal of State-law Claims

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In the past four years, state attorneys general or municipalities have brought 21 lawsuits based on state-law claims (e.g., nuisance, trespass, consumer fraud) seeking to hold fossil fuel companies liable for costs allegedly...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn

The Earth’s climate is changing. With unprecedented fires in California and the State’s litigation with the federal government, the Brazilian rainforest fires, and the aircraft industry’s inability to curb aircraft emissions,...more

Jones Day

Challenges to Safer Affordable Fuel-Efficient Vehicles Rule Keep Coming

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On June 26 and 29, 2020, the petitioners in Union of Concerned Scientists v. NHTSA, Case No. 19-1230 (D.C. Cir.), filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit, arguing against the first...more

Pillsbury Winthrop Shaw Pittman LLP

EPA-California Legal Showdown Looms Over Authority to Regulate Carbon

Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more

Foley Hoag LLP - Environmental Law

The Trump Administration Couldn't Spell Irony If You Spotted It the I, R, O, and N.

Yesterday, EPA and the National Highway Traffic Safety Administration released the “Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” more succinctly known as the withdrawal of the...more

Holland & Hart LLP

Colorado Energy Companies Sued for Climate Change Impacts

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Last week, Boulder made good on its threat to file a lawsuit seeking potentially billions of dollars from energy producers based on the effects of climate change. The city and county of Boulder, along with San Miguel...more

Pillsbury Winthrop Shaw Pittman LLP

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Downey Brand LLP

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

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On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

Allen Matkins

California Environmental Law & Policy Update - August 2016 #4

Allen Matkins on

Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...more

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