Cross-cutting Issues

299 posts

State “Climate Superfund” Bills: What You Need to Know

In the first months of 2024, legislators in four states—Maryland, Massachusetts, New York, and Vermont—have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure. E&E News reports that similar legislation may soon be […]

The SEC’s Final Climate Disclosure Rule: Key Requirements, and the Materiality Threshold

Nearly two years and 24,000 public comments after its proposal, the Securities and Exchange Commission (SEC) released its final climate disclosure rule last week, formally titled “The Enhancement and Standardization of Climate-Related Disclosures for Investors.” The rule expands public companies’ disclosure requirements to include certain greenhouse gas (GHG) emissions data […]

Inflation Reduction Act: Final Elective Pay Rules & Takeaways for Cities

Yesterday, March 5, 2024, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) released final regulations for their elective pay program, which allows many non-taxpayers, including local governments and their agencies and instrumentalities, to recoup the value of certain climate and clean energy tax credits as […]

IECC Appeals Could Undermine Electrification Requirements in New Construction

Building codes have a major influence on how local governments respond to climate change. They prescribe enforceable requirements for the materials that buildings are made of, for how living and working spaces are designed, and critically, for what kinds of environmental possibilities new buildings must be prepared to accommodate. For […]

Smith v Fonterra: A Common Law Climate Litigation Breakthrough

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Even as successful cases against governments have blossomed, private suits face significant barriers. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra, decided by New Zealand’s Supreme […]

An Opportunity to Strengthen Climate Risk Management in the Derivatives Market

This piece previously appeared in EDF’s Climate 411 Blog.  Disasters that are fueled by climate change, like fires, floods, and hurricanes, increasingly pose risks to the U.S. financial system, including the derivatives market. The U.S. Commodity Futures Trading Commission (CFTC) regulates the derivatives market and is now considering updates to […]

Sabin Center Publishes Report on Climate Litigation in 2023

Today, the Sabin Center published an end-of-year report on the state of climate change litigation in 2023. The report, titled Climate Change in the Courts: A 2023 Thematic Retrospective, examines key cases and rulings that have shaped the legal discourse on climate change in 2023 or that are poised to […]

Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

Climate litigation in Germany has achieved another major victory. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Germany that the federal government must adopt an immediate action program (‘Sofortprogramm’) under the Federal Climate Change Act (CCA). The program is intended to ensure compliance […]