Climate Change Litigation: November 2013 Update (Update #56 November 4, 2013) Each month, Arnold & Porter and the Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-US climate litigation charts. The November 2013 additions are listed […]
Climate Litigation
by Fiona Kinniburgh In 2011, France became the first country to ban hydraulic fracturing. Yet controversy over shale gas exploitation there has hardly subsided. Instead, industry pressure has ignited a new legal challenge over the 2011 ban, which natural gas producers allege violates the French constitution. As a consequence of […]
by Shelley Welton, Deputy Director & Fellow In what can only be interpreted as a major victory for California, the Ninth Circuit ruled on Wednesday, September 19 in Rocky Mountain Farmers Union v. Corey that the state’s Low Carbon Fuel Standard (LCFS) was neither discriminatory nor extraterritorial under the dormant […]
By Stéphanie Chuffart, Visiting Fellow It was announced Tuesday, September 17, 2013, that the case brought by Ecuador before the International Court of Justice (ICJ) regarding a dispute over Colombia’s aerial spraying of toxic herbicides on coca leaf plantations near, at, and across its border with Ecuador, causing damage to […]
By Allie Bollman, Summer Intern Numerous environmental groups, represented by attorneys from Earthjustice, have filed a lawsuit against the Export-Import Bank over the Bank’s approval of a $90 million loan guarantee in support of Xcoal’s mining, transport, and export of coal without preparing an environmental impact statement. The lawsuit, filed […]
By Reeva Dua, Summer Intern On July 19, 2013 the Superior Court of D.C. affirmed Michael Mann’s right to proceed in his defamation lawsuit against Competitive Enterprise Institute (CEI), the National Review, Inc. and related parties. The Court’s ruling is significant for giving a climate scientist a potential remedy against […]
By Rachel Yalowitz, Summer Intern The most recent environmental case to be heard by the International Court of Justice (ICJ) is Whaling in the Antarctic (Australia v. Japan; New Zealand intervening), Australia is challenging Japan’s whale hunting practices as an unlawful violation of the International Whaling Commission ban on commercial […]
by Margaret Barry New updates to the Center for Climate Change Law and Arnold & Porter Climate Case Chart. Find the complete chart here. DECISIONS AND SETTLEMENTS Friends of the Earth v. EPA (D.D.C. March 27, 2013): added to the “Force Government to Act/Clean Air Act” slide. Plaintiffs sought to […]