Climate Change Litigation: Where Are the Coverage Suits?

There is an interesting question surrounding the present generation of climate change lawsuits currently working their way through the court system. Specifically, where are the duty to defend actions related to these suits? Background By way of background, there are two types of climate change lawsuits currently working their way through the courts: Those filed by government entities that seek to hold energy companies responsible for the costs that government entities are forced to expend in adapting to climate change,
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Executive Order 13868 – the Push is on to Maximize Energy Production – Climate Change Impacts and the Local Environment – Nevermind.

On April 10, 2019, the Trump administration published Executive Order 13868, “Promoting Energy Infrastructure and Economic Growth,” which directs the EPA Administrator to, “consult with states, tribes, and relevant executive departments and agencies in reviewing section 401 of the Clean Water Act and EPA’s related regulations and guidance to determine whether any provisions thereof should be clarified to be consistent with the policies described in section two of this order.” The policy referred to in section two states, in relevant
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Advanced Nuclear Power Legislation Introduced and Touted as Antidote to Climate Change

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,
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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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