In June, at the end of its 2021-2022 Term, the United States Supreme Court issued a ruling with far reaching implications for the ability of the Environmental Protection Agency (“EPA”) to regulate Greenhouse Gas (“GHG”) emissions and any attempt to limit the impacts of climate change. In a ruling by…
Last week the U.S. District Court for the District of Columbia ruled on oil and gas Lease 257 issued by the U.S. Government for 80.8 million acres of the Gulf of Mexico pursuant to the Bureau of Ocean Energy Management’s (“BOEM”) 2017–2022 Program. The ruling in Friends of the Earth…
San Francisco has filed a lawsuit in California State Court, for public nuisance, against a number of oil companies based upon their alleged contribution to sea level rise, due to fossil fuel emissions . The complaint, which names BP, Exxon, Chevron and other oil companies, seeks a direction that the companies…
The Court of Appeals for the D.C. Circuit determined that, under the Clean Air Act, the EPA lacked authority to stay implementation of a new rule on Greenhouse Gas (GHG) Emissions. In Clean Air Council v. Pruitt, the Court found that the stay was arbitrary, capricious and in excess of…
In reversals of previous positions taken by the Environmental Protection Administration (EPA), on April 28, 2017 the EPA announced that it took down information on climate change, previously placed on its Website, to “update” language. On the same date the EPA was also successful in having the U.S. Court of…
A bill has been submitted in Congress that if adopted will completely alter Federal energy policies and restrict or eliminate the ability of federal agencies to regulate activities that have potentially significant environmental impacts.. The so called “American Energy Renaissance Act of 2015” addresses everything from fracking, the Keystone XL…
The U.S. Court of Appeals for the District of Columbia Circuit issued a decision this week rejecting a challenge to a series of EPA reguations aimed at curtailing GHG emissions from both vehicles and stationary sources. In Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency, the Court summarized its…
Last week the Virginia Supreme Court upheld a lower court ruling that an insurance carrier had no liability to cover its insured in an action claiming the insured’s activities had contributed to damages resulting from the effects of climate change. In AES Corporation v Steadfast Insurance Co., the Virginia Supreme…
The U.S. Supreme Court, in American Electric Power Company LLC v. Connecticut, held that the plaintiffs, which include several states and the City of New York, could not maintain their federal common law action against utility companies seeking to impose limitations on greenhouse gas emissions. In summarizing the decision, Justice…
A series of lawsuits commenced, since the beginning of May, seek action by state and federal government on Climate Change, based upon the Public Trust Doctrine. A group called Our Children’s Trust, in conjunction with other groups, commenced an action in the U.S. District Court for the Northern District of…