Renewable Energy Projects Face Opposition in 49 States, Local Restrictions in 31 States

By Leah Adelman and Jacob Elkin Columbia Law School’s Sabin Center for Climate Change Law has published an update to its Report on Opposition to Renewable Energy Facilities in the United States, which documents local restrictions on and opposition to the siting of renewable energy projects. The updated report highlights […]

In a first for climate nuisance claims, a Hawai‘i State Court allowed Honolulu to proceed with its case against fossil fuel companies

By Korey Silverman-Roati Background Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. […]

Cooperative Federalism, As Applied: Building Electrification

By Amy Turner Earlier this month, groups supporting the City of Berkeley, California filed six amicus briefs in the appellate proceeding California Restaurant Association v. City of Berkeley, currently before the U.S. Court of Appeals for the Ninth Circuit. At issue in the case is whether the U.S. Energy Policy […]

With Two New Policy Statements, FERC Recommits to Ensuring Gas Infrastructure Projects Serve the Public Interest

By Jennifer Danis and Romany Webb The Federal Energy Regulatory Commission (FERC)—i.e., the federal agency responsible for approving interstate gas pipelines—yesterday announced two major statements explaining how it proposes to: (1) realign its fossil fuel infrastructure approval process with the Natural Gas Act (NGA)’s mandate to only approve projects that […]

Federal Oil and Gas Leasing in the Courts: Why Recent Losses Could Actually be Good News for the Biden Administration

By Romany Webb During his campaign for President, Joe Biden promised to “use the full authority of the executive branch to . . . significantly reduce [greenhouse gas] emissions,” including by “banning new oil and gas permitting on public lands and waters.” Consistent with that promise, one week after taking […]

Federal Agencies Must Consider Climate Risk in Environmental Reviews under NEPA

This post was co-authored by the Sabin Center’s Romany Webb and Stephanie Jones and Michael Panfil of Environmental Defense Fund. From pipelines destabilized by melting permafrost to power line-sparked wildfires exacerbated by drought, the impacts of climate change are affecting infrastructure across the U.S. and heightening the risks it poses […]

Climate Litigation in Latin America and the Caribbean:  launching a regional Platform for Climate Litigation

Climate Litigation in Latin America and the Caribbean: launching a regional Platform for Climate Litigation By Maria Antonia Tigre, Florencia Ortúzar, Javier Dávalos With the largest rainforest in the world, the largest freshwater reserves on the planet and the most significant amount of arable land where food is produced, the […]

New Jersey Board of Public Utilities Should Join New York and Other States Engaging in Long Term Planning To Get Off of Gas

By Jennifer Danis, Yesterday, the Sabin Center, Environmental Defense Fund, and New Jersey Conservation Foundation submitted comments to the New Jersey Board of Public Utilities (“BPU”) proceeding investigating the state’s current and mid-term future supply and demand for gas. (NJBPU Docket GO20010033.) The comments recommend that BPU commence a long-term […]