Town-with-smog

California Retains Jurisdiction Over Fossil Fuel Companies Named in Climate Change Lawsuits

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 lawsuits have been based on not only common law principles such as public nuisance, but also state laws, including California’s consumer protection laws.

While these lawsuits have had slight differences, one common theme running through them is the defense raised by the oil companies that state courts, like California’s, lack …

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Flag of California

California will Soon Vote on Proposed $10 Billion Climate Bond

In one of its last official acts before starting its summer recess earlier this month, the California legislature passed a bill putting Prop 4 on the November ballot, which would allow the state to borrow $10 billion plus interest toward addressing climate change. Before it gained the moniker “Prop 4,” the bond measure was initially called SB 867 – The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.

Passed on July 3 by both the California Senate and Assemblymembers, …

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power station

Federal Agencies Join White House in Outlining Principles for Voluntary Carbon Markets

On May 28, multiple federal agencies in conjunction with the White House published a Joint Policy Statement that laid out the principles for the further development of future, high-integrity voluntary carbon-credit markets.

The 12-page Joint Statement of Policy and New Principles for Responsible Participation in Voluntary Carbon Markets was co-signed by Treasury Secretary Janet Yellen, Agricultural Secretary Thomas Vilsack, Energy Secretary Jennifer Granholm, Senior Advisor for International Climate Policy John Podesta, National Economic Advisor Lael Brainard, and National Climate Advisor Ali Zaidi.

The Joint Statement …

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Ecological catastrophy

ITLOS Issues Historic Advisory Opinion on Climate Change and International Law

On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) published what has been deemed as an “historic” and “unprecedented” advisory opinion on climate change, international law, and on state obligations regarding climate change. Sought by the international organization called the Commission of Small Island States (COSIS), the historic nature of this opinion comes from the fact that this is the first time an international tribunal has issued an opinion clarifying the international law obligations on states binding them to protect …

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business report on digital tablet

With Mounting Litigation from Multiple Courts, SEC Stays its New Climate Disclosure Rules

Last month, our readers will recall that we reported on some pushback raised regarding the new climate disclosure rules promulgated by the U.S. Securities and Exchange Commission requiring publicly traded registrants to provide certain climate-related information in future registration documents and annual reports (the “Final Rules”).

As SEC Chairman Gary Gensler said in a press release announcing the new disclosure rules, the Final Rules were meant to “reflect the Commission’s efforts to respond to investors’ demand for more consistent, comparable, and reliable information …

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New Zealand flag

New Zealand Supreme Court Allows Private Plaintiff’s Novel Climate Change Tort Claim to Go to Trial

The Supreme Court of New Zealand recently removed some significant roadblocks to bringing private law claims against major corporate greenhouse (GHG) emitters with a decision made in the case of Smith v. Fonterra.

The decision marks what is seen as one of the first occasions where a court in common law recognized the possibility that private lawsuits can be used to challenge the greenhouse emissions of a privately held company.

In its unanimous decision, the New Zealand court overturned a lower court’s earlier decision …

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Stack of papers paperwork on office desk table. With copy space.

New SEC Climate Disclosure Mandate Faces Pushback

The U.S. Securities and Exchange Commission last week approved the implementation of standardized climate disclosure rules (posted here) for publicly traded companies and in public offerings. No longer can companies simply post potential risks on their websites or through emails; rather, they must now include them in official SEC filings such as annual reports and registration statements.

The overarching goal is intended to enhance transparency concerning how companies address environmental and climate threats. The SEC’s decision was also the result of investors’ demand for …

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Low angle view of airplane flying against sky,Tallinn Airport,Estonia

FAA to Implement Final Rules for Most Large Aircraft to be Built

As part of the United States Aviation Climate Action Plan – which strives to achieve net zero greenhouse gas emissions for United States Aviation by 2050 – the Federal Aviation Administration announced earlier this month its final rules to reduce greenhouse gas emissions from most large aircraft in U.S. airspace. 

The new rules go into effect on April 16, and requires aircraft built after January 1, 2028 to incorporate more fuel efficient technologies. The rule applies to aircraft of certain sizes, regardless of the fuel …

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A River Runs Through Glacier National Park in Montana

Green Amendments and the Rise of Environmental Constitutional Rights

There has been a recent push across the country placing “green amendments” at the forefront of the fight to combat climate change and promote environmental justice. Analogous to the rights enumerated in the Bill of Rights, such as freedom of speech or freedom of religion, a green amendment is an amendment to a state Constitution’s Bill of Rights that guarantees its citizens the inalienable right to clean air, clean water, and a healthy environment. These amendments serve to create a constitutional mandate that every citizen has a …

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Oil field with rigs and pumps at sunset. World Oil Industry

Supreme Court Denies Petition for Certiorari in Minnesota’s Climate Case Against Petroleum Leaders

In June 2020, Minnesota Attorney General Keith Ellison sued ExxonMobil, three Koch entities, and the American Petroleum Institute — (energy companies and affiliates that produce or sell fossil fuels around the world and an industry association) — on behalf of the State of Minnesota, alleging that the defendants knowingly engaged in a “decades-long campaign of deception about the fossil fuel industry’s actual contributions to, and true costs of, climate change.”  The lawsuit includes claims for fraud, failure to warn, and multiple separate violations of state …

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