Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more
In a 6-1 ruling yesterday, Montana’s Supreme Court upheld a landmark decision finding that a 2011 state law making it illegal to consider environmental impacts (including greenhouse gas emissions) when issuing permits for...more
In March 2023, a small plane took a 15-minute flight around an airfield in the US state of Washington. Despite the size of the aircraft and its brief time in the air, the flight was momentous: one of the plane's engines was...more
Three years ago, a court in the Netherlands had ruled that Shell--a multinational fossil fuel company based in the Netherlands--had the obligation to reduce its carbon dioxide emissions by forty-five percent by 2030, relative...more
In this month’s update, we’re discussing cases involving climate change, hurricanes, cryptocurrency, and aerial spraying. We begin in Hawaii where that state’s high court became the first to decide whether greenhouse gas...more
World leaders, scientists, government decision-makers, private sector actors, climate actionists and other stakeholders have convened at 29th Conference of the Parties (COP29) to the United Nations Framework Convention on...more
Despite the recent disbandment of the SEC’s Climate & ESG Task Force, the SEC is continuing to pursue enforcement actions concerning environmental issues, including greenwashing. Notably, over the past several weeks, the SEC...more
In the recent case of Friends of the Earth v Secretary of State for Levelling Up, Housing & Communities & others; South Lakeland Action on Climate Change v Secretary of State for Levelling Up, Housing & Communities & others...more
Last month, the High Court ruled that planning permission previously granted for a coal mine in West Cumbria was unlawful (Friends of the Earth v West Cumbria Mining [2024] EWHC 2349 (Admin) ("West Cumbria Mining")). West...more
The ELM blog has covered several lawsuits filed over the past several years against major fossil fuel companies by plaintiffs seeking damages due to climate change caused by greenhouse gas emissions. The claims in these...more
On October 16, the U.S. Supreme Court rejected an attempt to block the implementation of the U.S. Environmental Protection Agency’s latest effort to curb greenhouse gas emissions (GHG) from power plants while the EPA is being...more
Over the past several years, there have been more than three dozen lawsuits launched against the major fossil fuel companies seeking damages due to climate change caused by greenhouse gas emissions. These claims are based...more
This week, the Hawaii Supreme Court--in response to certified questions of law from the federal district court in Hawaii--held that the insurance policies purchased by fossil fuel companies in Hawaii would not provide...more
On July 17, 2024, Pennsylvania joined a growing number of states establishing a legal framework for the underground storage of carbon dioxide. Carbon capture and underground sequestration (“CCUS”) is promoted as a technology...more
Stretching the Truth? Class Action Targeting Lululemon Claims Athleisure Brand "Greenwashing" Its Environmental Impact - Claims of greenwashing in the ESG space continue: A Florida class action lawsuit alleges that...more
In this Alert, we review the impact of the recent acceptance by the Japan Diet of the 2009 Amendment to the London Protocol. Acceptance of the Amendment provides a critical enabler for the export of CO2 from Japan for...more
The last several weeks of unexpected and unprecedented political events have thrown even more confusion into the presidential election. While the outcome of a now Harris-versus-Trump race is maybe even more uncertain, we do...more
On July 1, 2024, Vermont’s Climate Superfund Act (S 259) went into effect. The law, which is the first of its kind, imposes strict liability on fossil fuel extractors and crude oil refiners who are accountable for 1 billion...more
Good afternoon! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more
In a highly anticipated judgment, a 3:2 majority of the UK Supreme Court ruled in R (Finch) v Surrey County Council and others [2024] UKSC 20 that environmental impact assessments (EIAs) for fossil-fuel projects must include...more
States are increasingly holding the fossil fuel sector liable for costs related to climate change. Our Environment, Land Use & Natural Resources Group unpacks what companies need to know about these new state “superfund”...more
Our national climate goals of net zero emissions, renewable energy transition, electrified vehicle fleets, clean steel, green hydrogen, and the rest of the package focus on the ramp-up of clean energy sources and end uses. As...more
The ACOEL webpage “About Us” states that we are to be “Advocates for environmental law and process for a better environmental future.” Allow me to throw down this gauntlet to Members: What “better environmental future” is the...more
Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible. On 20 June 2024, the UK Supreme Court (the...more