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The ruling is open to appeal and may prove pyrrhic for those internationally that fear judge-imposed reduction targets The Dutch Court of Appeal in The Hague recently delivered a landmark [...]

On 12 November 2024, the Court of Appeal in The Hague handed down its ruling in the appeal proceedings between Shell plc and Milieudefensie, a non-governmental organization. Shell appealed a [...]

This article is a continuation of a series of articles on climate change litigation titled Climacteric Litigation Decisions. In previous articles, we discussed the American decision in Held, et al [...]

In Short The Situation: On June 20, 2024, the UK Supreme Court handed down a landmark decision in R (on the application of Finch on behalf of the Weald Action [...]

The Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government's 'good neighbor' ozone regulations were properly promulgated. This decision impacts the authority [...]

On June 27 and 28, 2024, the Supreme Court of the United States issued three decisions seen as circumscribing agency powers. On June 27, the Supreme Court issued two decisions: [...]

In Ohio et al. v. U.S. EPA, on April 9, 2024, the United States Court of Appeals for the D.C. Circuit upheld a decision by the U.S. Environmental Protection Agency [...]

On May 9, 2023, Greenpeace, fellow climate change activist group ReCommon and 12 Italian citizens from regions affected by impacts of climate change announced their intention to file a first-of-its-kind [...]

The Superior Court of Justice has now released its decision in Mathur v. Ontario, a case we wrote about earlier this year and which is now a further example of [...]

This week's ESG litigation and risk update begins the Fifth Circuit's recent dismissal of a suit challenging the Biden Administration's greenhouse gas cost estimates. We also discuss the ongoing battle [...]

For most of my time on this planet, and all of my more than thirty years as an environmental lawyer, the nation's highest court has, with very few exceptions, blessed [...]

In Short The Context: Environmental NGOs are exploring new judicial routes to push energy companies to increase their commitments in reducing their direct and indirect carbon emissions and also to [...]

Last week, for the first time, a court of appeals upheld Article III standing and statutory authority in a citizen suit under the Clean Air Act (CAA) related to mobile [...]

On November 30, 2021, the U.S. Court of Appeals for the Eighth Circuit denied cross-petitions for rehearing in United States v. Ameren Missouri, a case that addressed the reach of [...]

The 8th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the Clean Air Act in making major modifications [...]

The Third Circuit Court of Appeals this week affirmed a lower court ruling that facilities with a Clean Air Act (CAA) permit are exempt from reporting to the U.S. Environmental [...]

The Paris Agreement has been criticized for not imposing legally binding greenhouse gas emissions targets on countries, but that needn't mean it's toothless as the Hague District Court has demonstrated [...]

The Second Circuit dismissed New York City's climate suit because the Clean Air Act governs the regulation of domestic emissions and foreign concerns caution against judicial intervention in regulating foreign [...]

Keywords: air pollution, control ordinance, asbestos, Hong Kong In the recent case of HKSAR v. Wing Lok Construction & Engineering Co., Ltd. [2014] 2 HKLRD 669, the Court of First [...]

Today, a divided Supreme Court issued a highly anticipated Clean Air Act (the 'Act') decision in Utility Air Regulatory Group v. EPA. In an opinion authored by Justice Scalia, the [...]

One of the long-running questions in the administration of the Clean Air Act is the extent to which EPA can implement the Act through market-based mechanisms, such as cap-and-trade programs. [...]

On October 17, 2013, the Ninth Circuit ruled that it lacked jurisdiction to consider a challenge to Washington's failure to regulate greenhouse gas (GHG) emissions from the state's five oil [...]

Last week, the U.S. Court of Appeals for the Third Circuit said 'no' and the decision has already prompted at least one new air emissions lawsuit against a power plant [...]

On Friday, in GenOn REMA v. EPA, the 3rd Circuit Court of Appeals ruled that, in response to a petition from a downwind state under § 126 of the Clean [...]

On Wednesday, in Alabama Environmental Council v. EPA, the Fifth Circuit Court of Appeals rejected EPA's 2011 disapproval of Alabama's opacity regulation. The case involves relatively obscure provisions of the [...]

In Sierra Club v. EPA, issued today, The Court of Appeals for the District of Columbia rejected EPA's rules governing 'significant impact levels' and 'significant monitoring concentrations' for determining PSD [...]

On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., [...]

Last week, in United States v. Louisiana Generating, EPA won a ruling regarding what type of projects fall within the routine maintenance, repair or replacement exception from the rule that [...]

As reported in The Climate Report, Fall 2011, the Virginia Supreme Court unanimously held in September 2011 that an insurer did not have a duty to defend a commercial general [...]

In a closely watched decision (Alec. L., et al. v. Jackson, 1:11-cv-2235 (RLW) May 31, 2012), the U.S. District Court for the District of Columbia held that the public trust [...]

Last week, in Center for Biological Diversity v. EPA, Judge Henry Kennedy reminded us that, in thinking about whether the existing Clean Air Act requires EPA to address climate change, [...]

American Electric Power Co., Inc. v. Connecticut (June 20, 2011, No. 10-174) __ U.S. __ In the battle over climate change, the Supreme Court once again set an important precedent [...]

In an Oct. 12, 2010, decision, the 7th Circuit Court of Appeals ruled inadmissible EPA testimony calculating emissions increases as a result of equipment replacement projects, and reversed a jury [...]

On November 29, 2006, the U.S. Supreme Court heard oral arguments in Massachusetts v. Environmental Protection Agency (EPA) (No. 05-1120), a case involving the EPA's decision not to regulate carbon [...]

On October 21, 2005, the United States Court of Appeals for the Second Circuit issued an opinion that could have far-reaching impacts on the Title V air permit program and [...]