A federal judge in Boston, Massachusetts is considering a motion from the Massachusetts attorney general to remand the case back to state court from federal court. The case was removed to federal court in late 2019, and Attorney General Healey’s request to remand the case was received on Jan. 2, 2020. In the motion, the attorney general noted that the case did not concern various federal issues, such as carbon taxes, prohibitions on the sales of gasoline, or international climate change agreements. More specifically, the action was brought under the Massachusetts …Continue Reading
The Council on Environmental Quality (CEQ) proposed a new rule on January 10, 2020 to alter the procedural provisions of the National Environmental Policy Act (NEPA). NEPA requires federal agencies to review the potential environmental effects of all federal, federally-assisted, and federally-licensed actions, and analyze potential alternative solutions before making a final decision on such actions. In essence, agencies are required to comply with the NEPA environmental review process, while considering a wide range of federal actions that include federal construction projects, plans to develop federally owned lands, and federal approvals of non-federal activities such …Continue Reading
Last week, eight states and the District of Columbia announced a joint commitment to develop an agreement and action plan to support accelerated development of medium and heavy-duty zero emissions trucks and buses. In a joint statement of intent entitled “Multi-State Medium-and Heavy- Duty Zero Emission Vehicle Initiative,” California, Connecticut, the District of Columbia, Maine, Massachusetts, New Jersey, Oregon, Rhode Island, and Vermont declared their intent to develop a multistate memorandum of understanding to support efforts to develop zero-emission medium and heavy-duty vehicles in an effort to address climate change concerns.
“Our states recognize that nearly …Continue Reading
Early this morning the court cleared Exxon Mobil in hotly contested litigation that was pending in New York. In a bench trial, which took place in October 2019, the New York State attorney general alleged that Exxon defrauded investors by inflating their value with internal climate risk metrics. Additionally, several have alleged that such misrepresentations have led to significant impacts on climate change globally. Today, the court ruled that the New York attorney general failed to present sufficient evidence to support its claims …Continue Reading
“Global warming and solutions thereto must be addressed by the two other branches of government,” said district court judge John Keenan last July in nixing New York City’s climate change nuisance suit that seeks to hold major oil companies liable for global-warming related injuries resulting from greenhouse gas emissions. New York City appealed Judge Keenan’s dismissal to the second circuit, arguing that its action is not an attempt to regulate emissions.
Late last week, hearing New York City’s appeal of Judge Keenan’s dismissal, the second …Continue Reading
In early October 2019, the United States Department of Energy (DOE) and the United States Nuclear Regulatory Commission (NRC) executed a memorandum of understanding to share technical resources and expertise to accelerate the development and implementation of advanced nuclear technologies. Under the agreement, the DOE would run a National Reactor Innovation Center (NRIC) with a goal of funneling private sector funds to the testing and validation of reactor concepts, and would assist potential providers of advanced nuclear technology with guidance through relevant regulatory processes. The …Continue Reading
An interesting dichotomy is developing in how federal courts are determining the proper forum for climate change lawsuits, that is whether they should be heard in state or federal court. This question, while seemingly a technical matter of civil procedure, could be fundamental to whether current and future climate change suits will be successful or whether they will be heard at all. The technical issue at stake is preemption – whether federal issues are determinative of the matters raised in the climate change suit – …Continue Reading
The world set a new record in May 2019, at least on a human perspective. Atmospheric concentrations of CO2 reached 415.26 ppm on May 14, as recorded at the Mauna Loa Observatory in Hawaii, a level not seen in the past three million years.
To put that into perspective, the last time atmospheric concentrations of CO2 were this high, there were no humans on Earth. This was the Pliocene Epoch, where global temperatures were on average 2-3°C (3.6-5.8°F) higher than today; the …Continue Reading
In late March, a group of fifteen bipartisan senators reintroduced the Nuclear Energy Leadership Act (NELA) bill to the Senate. This legislation was originally introduced in September of 2018, but was not voted on before the Congressional session ended at the end of the year. It is being lauded as an important means for battling climate change and to support the promotion of non-fossil fuel based energy in the United States. Early agreement across party aisles is encouraging.
As advanced, or so-called Generation IV, nuclear …Continue Reading
Last week, the U.S. Court of Appeals for the D.C. Circuit invalidated part of a 2016 EPA rule that made hydrofluorocarbons (HFCs) unacceptable for various uses in aerosols, automobile air conditioners, commercial refrigerators, and foams.
In the waning years of the Obama presidency, EPA made an effort to combat climate change by enacting two rules restricting the use of HFCs, which are greenhouse gases. EPA claimed it had authority to do so under Title VI of the Clean Air Act. Section 612 of the Act …Continue Reading