Category: Climate Change

Oil Workers at Dusk
Climate Change / Litigation
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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 …

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Garbage pile in trash dump or landfill. Pollution concept.
Climate Change / Emissions
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Waste Reduction Programs to Take on Climate Change

In 2015, California’s former governor Edmund Brown Jr. set methane emissions-reduction targets for the state. Senate Bill 1383 requires that California reduce organic waste disposal 75 percent by the year 2025. Although most Californians did not begin to understand what these targets meant, 2022 marked the beginning of new waste disposal requirements for many statewide. These requirements include organics curbside-collection services and new waste collection bins designed specifically for organic waste (including, in some areas, bins designed to go inside residential refrigerators for food waste.)

Each city …

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Power Plant in the sunrise
Climate Change / Emissions
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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 …

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Flags - United Nations
Climate Change / President Biden
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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 …

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Climate Change / Emissions
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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 …

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California / Climate Change
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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 …

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People are holding banner signs while they are going to a demonstration against climate change
Climate Change / Emerging Issues
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Kids File Climate-Change Suit Against Their Home State, Alleging Betrayal 

Faced with back-to-back years of unprecedented flooding, wildfires, and soaring temperatures, sixteen teens and children from Montana, ages 2-18, are suing their home state in what may precipitate the next wave of climate-change litigation. 

With favorable rulings from a state judge and the Montana Supreme Court, the children’s lawsuit is on track to become the first such climate lawsuit to go to trial in the United States. It alleges that Montana, by fostering fossil fuels as its primary energy resource, is contributing to a deteriorating …

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Climate Change / President Biden
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What would the declaration of a “national climate emergency” mean for businesses?

President Biden is reportedly contemplating the declaration of a “national climate emergency” (NCE).  According to his advisors, all options are on the table for the administration as it seeks to meet its ambitious climate goals.  But what are these options, and what practical effect would they have?

The most probable economic consequence of an NCE would be a further spike in energy prices.  An NCE would give President Biden access to several tools allowing him to restrict the trade, development, or extraction of fossil fuels.  …

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California / Climate Change
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New Report Offers Solutions for Low-Income Californians to Switch to EVs

The Center for Law, Energy, and the Environment (CLEE) at Berkeley Law last month­, in conjunction with the Emmett Institute on Climate Change and the Environment at UCLA Law, ­issued Driving Equity, a new reportaimed at presenting important policy solutions to make California’s switch to electric vehicles more realistic for lower income citizens. Topping their list of priorities was offering more rebates and incentives for lower-income car owners, enhancing funding and groundwork for charging stations, and offering financial assistance to greater outreach for community-based …

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California / Clean Air Act / Climate Change
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State tort damages loom for companies plausibly connected to climate change

In April, various California communities moved one step closer to holding energy companies liable for damage to public infrastructure allegedly caused by climate change.  The communities claimed this damage occurred due to the companies’ use of and advocacy for fossil fuels despite the companies’ understanding of those fuels’ negative environmental impacts.

Local governments argue that compensation of climate-related infrastructure damage, for which they bear the cost, is a parochial concern belonging in state court. In County of San Mateo v. Chevron, the Ninth Circuit—like …

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