Climate Law Blog

By Jennifer Danis On Tuesday, June 30, 2020, the D. C. Circuit Court of Appeals, ruling en banc, held that the Federal Energy Regulatory Commission’s use of “tolling orders” could not block judicial review of its gas infrastructure certifications. The Commission created “tolling orders” to grant itself additional time to answer landowners’ pleas for rehearing.  But […]

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts.  If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 134. FEATURED CASES Ninth Circuit […]

By Romany Webb and Hillary Aidun On Monday, June 1, the Sabin Center submitted comments opposing a Department of Energy (DOE) proposal to categorically exclude natural gas export approvals from environmental review under the National Environmental Policy Act (NEPA). NEPA’s implementing regulations allow federal agencies to categorically exclude actions if, and only if, they “do […]

By Michael B. Gerrard The New York and New Jersey environmental departments issued decisions on Friday, May 15 denying approvals for a natural gas pipeline.  Though the decisions were based primarily on the adverse impacts that construction of the pipeline would have on water quality and wetlands, they also demonstrated the force of New York’s […]

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts.  If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 133. FEATURED CASE D.C. Circuit […]

Guest blog by Andrew Ratzkin* The time for a carbon tax is now.  The coronavirus hasn’t just created the opportunity; it’s created the imperative. The Imperative.  State budgets are in crisis.  Revenues—whether derived from sales taxes, individual and corporate income taxes, capital gains, dividends, tolls, airport fees, mass transit fares, hotel stays, casinos, real estate transactions, […]

Today, the Sabin Center filed an amicus brief on behalf of local governments in support of state and environmental petitioners in American Lung Association v. EPA, the lawsuit challenging the Environmental Protection Agency (EPA)’s repeal of the Clean Power Plan and the dangerously weak replacement rule.

By Hillary Aidun and Malia Libby Last Tuesday, April 14, thirteen states, New York City, and the District of Columbia sued the Department of Energy (DOE) to challenge revisions to the rule governing energy efficiency updates. A similar suit was filed by a coalition of green groups. As discussed below, DOE’s new “process rule,” if […]

By Romany Webb A new report from the International Energy Agency (IEA), published on March 31, shows that global methane emissions from the oil and gas sector increased by nearly four percent from 2018 to 2019. That trend could continue in 2020 and beyond due, in part, to the economic downturn resulting from the COVID-19 […]

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts.  If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 131. FEATURED CASE Montana High […]