Author: Stephen L. Jenkins

"justice concept, selective focus on nearest part ,lens blur f/x"
California / Emerging Issues
Posted by:

UCLA’s Environmental Law Clinic Weighs in on Berkeley Gas Case with New Amicus Brief

Following up on our April 21 post, the UCLA Environmental Law Clinic recently filed an amicus brief in the California Restaurant Association v. Berkeley litigation, joining multiple other governmental and non-governmental organizations asking the Ninth Circuit to take another look at its April 17 decision. The Ninth Circuit’s decision effectively overturned a lower federal district court’s ruling that revoked the City of Berkeley’s 2019 ban of natural gas infrastructure in newly constructed buildings. 

Authoring the brief were seven law professors from across the …

Continue Reading
Pollution Factory Smoke in Air with Sky Bad for the Environment
Climate Change / Emerging Issues
Posted by:

The Supreme Court Denies Fossil Fuel Companies’ Bid to Have the Climate Deception Cases in Federal Court

Since 2017, a number of state government entities from cities, counties, and states across the country have gone after fossil fuel companies in court charging them with violating state law by marketing their products as not harmful. These 11 cases have collectively been dubbed the “climate liability cases” or “climate deception cases.” Just a few weeks ago, the U.S. Supreme Court declined to hear a petition dealing with the issue of whether or not these climate deception cases should be heard in state court …

Continue Reading
Justice Scales and books and wooden gavel
California / Emerging Issues
Posted by:

New Ninth Circuit Ruling: City of Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

On Monday, April 18, the Ninth Circuit Court of Appeals issued a ruling in California Restaurant Association v. City of Berkeley, overturning a lower federal district court’s ruling to revoke the City of Berkeley, California’s ban of natural gas infrastructure in newly constructed buildings.

Berkeley’s prohibition against natural gas was seen as the first city-level law aimed at forcing developers and building owners to switch to building all-electric new buildings. Berkeley’s Ordinance No. 7,672-N.S. was passed unanimously by Berkeley’s City Council in December 2019 …

Continue Reading
detail of white smoke polluted sky
Climate Change / Emerging Issues
Posted by:

How to Navigate the New 2022 Inflation Reduction Act Tracker Database

As reported in August 2022, the Inflation Reduction Act (“IRA”) is the United States’ largest (and most complex) commitment to investing in climate change to date. The 725-page law provides a number of clean-energy tax credits to qualifying companies and commits $370 billion in funds aimed at lowering energy costs and building up supply chains for everything from critical minerals to efficient electric appliances.

With so much information and different tax credit programs covered in the bill, it’s no wonder it was necessary to …

Continue Reading
Oil Workers at Dusk
Climate Change / Litigation
Posted by:

Oil Giant’s Directors Sued Personally for “Flawed” Climate Strategy in One-of-a-Kind Lawsuit

Lawyers at the environmental law firm ClientEarth earlier this month personally sued the directors of one of the largest oil producers in a derivative action for their alleged failure to manage material and foreseeable climate risks. 

ClientEarth filed the action at the High Court of Justice in England and Wales, alleging breach of UK company law. In total, 11 of the company’s directors are named. At issue is whether the 11 board members breached their duty to shareholders by not properly managing climate risk.

If you’re …

Continue Reading
A fleet of US postal service vehicles parked in a line.
Electric Vehicles / President Biden
Posted by:

You’ll Soon Be Getting Your Mail Delivered by Electric Vehicles

Biden administration officials announced on December 20, 2022, that the U.S. Postal Service intends to purchase over 66,000 electric vehicles by 2028, which would create one of the nation’s largest electric fleets in an effort to fight climate change.

To reach this goal, the USPS announced that it plans to purchase 60,000 so-called “Next Generation Delivery Vehicles” (NGDV) from Wisconsin-based defense contractor Oshkosh, 45,000 of which will be electric. The remainder will be supplied by a 46,000-vehicle purchase from other automobile makers; 21,000 of those …

Continue Reading
Power Plant in the sunrise
Climate Change / Emissions
Posted by:

Interior Department Aims to Crackdown on Gas Flaring on Public and Tribal Lands

ELM readers may remember our October 6th post detailing a study that found gas flaring actually releases much more methane into the atmosphere than previously thought. The emission of methane gas, given it is a potent greenhouse gas, contributes significantly to global warming.

Flaring is the process of burning excess natural gas at a well. Venting is the direct release of natural gas into the atmosphere. While some amount of venting and flaring is expected during oil and gas exploration and production operations, venting …

Continue Reading
Flags - United Nations
Climate Change / President Biden
Posted by:

What to Expect at The Upcoming COP27 U.N. Climate Conference

Due to increasing droughts, wildfires, flooding, and more severe storms, most of the scientific community and political leaders around the world agree that climate change is a real and significant threat facing this planet requiring more action to be taken sooner rather than later to address.

Those that share this assessment also agree that it cannot be left up to just one nation to stifle further climate change. In an effort to foster international cooperation, every year since 1995, a large-scale global event takes place …

Continue Reading
Climate Change / Emissions
Posted by:

Oil Field Flares Release Much More Methane Emissions Than Previously Thought, A New Study Shows

Oil and gas manufacturers have long relied on a process known as “flaring” to limit the venting of natural gas from their refineries. Specifically, flaring is the process of burning natural gas escaping from oil and gas wells and aims at combusting the powerful greenhouse gas methane to minimize its emission. Flares are designed to eliminate 98% of the methane that passes through them, and that is the standard amount used when calculating the emissions they create. Burning methane through flaring as it is released thereby converts it to …

Continue Reading
California / Climate Change
Posted by:

Key Corporate Climate Accountability Bill Fails to Pass in California

Despite California’s most recent, two-year legislative session ending on September 1 with a flurry of new bills aimed at fighting global warming getting passed, one noticeable bill failed to pass on the last day. Senator Scott Wiener’s S.B. 260, i.e., California’s Climate Corporate Accountability Act, died on the legislative floor by one vote. Co-authored by Senator Henry Stern, S.B. 260 would have been the nation’s first-ever mandatory requirement for large corporations to disclose their greenhouse emissions.

Had it been enacted, California’s legislation would have set …

Continue Reading