First Climate Change Trial Now on the Horizon

On October 15, 2018, Judge Ann Aiken of the U.S.D.C. for the District of Oregon denied the federal government’s motion for judgment on the pleadings and motion for summary judgment in the Juliana lawsuit filed by 21 minors. As previously explained in this blog, the minors allege that the government has violated their constitutional rights with regard to decisions that have led to climate change. Further, the minors seek to compel the federal government to prepare a consumption-based inventory of
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Federal Government Again Seeks Stay of Climate Change Suit Filed by Minors

The federal government has again sought a stay in the climate change lawsuit filed by 21 minors, known as the Juliana case. The lawsuit was filed in 2015 against President Obama and numerous federal agencies, claiming that the executive branch contributed to climate change in violation of the children’s rights under the Fifth and Ninth Amendments to the Constitution and an asserted federal public-trust doctrine. The children are seeking a declaration from the U.S.D.C. for the District Court of Oregon
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The Costs of Doing Business: 9th Circuit Upholds Oregon Clean Fuels Program

In 2007, the Oregon legislature instituted a program designed to reduce the state’s greenhouse emissions to at least 10 percent lower than 2010 levels by 2025. The Oregon Clean Fuels Program uses a cap-and-trade scheme that attributes a carbon intensity value to transportation fuels produced or imported into Oregon. Regulated parties must keep the average carbon intensity of all transportation fuels used in Oregon below an annual limit. A fuel with a carbon intensity below the limit generates a credit, and one with a
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California Leading the Charge In Renewable Energy

Recently, the Assembly of the State of California approved the 100 Percent Clean Energy Act of 2018 or “SB100” which will require all energy used in the state to come from renewable sources by December 31, 2045. The bill, authored by State Senator Kevin de León, passed the California Senate last year, the Assembly on August 28, 2018, and was reconciled by the Senate on August 29, 2018. All that remains before the bill becomes law, is Governor Jerry Brown’s
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U.S. Supreme Court Denies Government’s Request for Stay in Climate Change Suit Brought by Minors

On July 30, 2018, the United States Supreme Court denied the federal government’s request for a stay in the climate change lawsuit brought by 21 children, pending in the U.S.D.C. for the District of Oregon, known as the Juliana matter. The lawsuit was originally filed in 2015 against President Obama and numerous federal agencies, alleging that the executive branch contributed to climate change in violation of the children’s rights under the Fifth and Ninth Amendments to the Constitution and an
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Kivalina and AEP Claim Another Victim – New York Climate Change Suit Falls

Like the proverbial acid relentlessly burning its way through materials in which it comes in contact, the relentless reasoning underlying the Am. Elec. Power Co., Inc. v. Connecticut, 564 U.S. 410 (2011) (AEP) and Native Village of Kivalina v. ExxonMobile Corp., 696 F.3d 849 (9th Cir. 2012) (Kivalina) climate lawsuits has claimed another victim. After taking out the lawsuits filed by the cities of San Francisco and Oakland earlier this summer (Order), Kivalina and AEP now have been used to eliminate the climate change suit filed by the City of
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Kivalina and AEP Strike Again – Oakland and San Francisco Climate Change Suits Dismissed

By Order dated June 25, 2018, the United States District Court for the Northern District of California dismissed the lawsuits filed by the cities of San Francisco and Oakland seeking compensation from five of the world’s largest energy producers for the costs of adapting to climate change allegedly caused in part by these companies’ sale of fossil fuels. This dismissal brings to an end, at least temporarily, to two of the fourteen second-generation climate change lawsuits that have been filed
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400 Months and Counting – Warm Temperatures Continue!

Despite the miserable cold and wet April weather experienced by most of the eastern half of North America, April 2018 turned out to be the third warmest April on record, continuing a streak of 400 continuous months (33 years) where the monthly average temperature was above the 20th century average. Only April 2016 and April 2017 were warmer. Nine of the 10 warmest Aprils have occurred since 2005. Especially notable was the possibility that the city of Nawabshah, located in
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California Second Generation Climate Change Suits — Back to the Future with Federal Common Law?

An interesting battle currently is playing out in the California courts involving what can be considered a “second generation” of climate change suits that seek to hold producers of greenhouse gases responsible for the costs that government entities are forced to expend in adapting to climate change. In July 2017, three California government entities — Marin and San Mateo Counties, along with the City of Imperial Beach — filed suit in California Superior Court against some of the world’s largest
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The Push for Repeal of Environmental Regulations: One Year into the Trump Administration, Where Do We Stand?

As we move a little more than a year into the Trump Administration, it probably is time to take a look at where we are in regards to the administration’s publicly stated goal of repealing environmental regulations, many of which are related to climate change. In that context, the New York Times, National Geographic Society, Columbia Law School’s Sabin Center for Climate Change Law, and Harvard University’s Environmental Law Program, are great sources, providing useful tracking information and updates regarding
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