On Monday, April 17, 2023, the U.S. Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. City of Berkeley. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. Berkeley’s so-called “natural gas […]
On December 12, 2022, the Commission of Small Island States on Climate Change and International Law (COSIS) requested the International Tribunal for the Law of the Sea (ITLOS) issue an advisory opinion on the State Parties’ obligations under the United Nations Convention on the Law of the Sea (UNCLOS) to […]
A major bottleneck in the deployment of renewable energy systems is the lack of adequate transmission capacity. According to recent studies cited by the U.S. Department of Energy, the United States will “need to expand transmission systems by 60% by 2030 and may need to triple those systems by 2050” […]
In January, the first case to enforce the requirements of New York’s Climate Leadership and Community Protection Act (CLCPA) was filed in the state Supreme Court. Enacted in 2019, the CLCPA sets ambitious greenhouse gas (GHG) reduction goals for the State of New York, while incorporating principles of environmental justice. […]
Climate change litigation has finally reached the world’s highest court. On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on the obligations of States with respect to climate change. The UNGA adopted resolution (A/77/L.58) […]
2023 is a significant year for corporate climate disclosure rules: regulators around the world are issuing or strengthening their disclosure requirements for registered companies pertaining to sustainability and climate-related financial risk. In Europe, the European Commission plans to finalize initial reporting standards for corporate sustainability reporting by June. UK regulators […]
March 8, 2023, marked the start of the demonstration phase of Project Greensand, shipping carbon dioxide (CO2) from Belgium for storage in a depleted oilfield in the North Sea off the coast of Denmark. This blog post highlights three ways in which this pioneering carbon capture and storage (CCS) operation […]
Adjudication typically looks backward: it runs after the facts. This is also true for human rights adjudication and the activity of the European Court of Human Rights (ECtHR). The ECtHR was built on the idea that individuals who suffered (past tense) or suffer (present tense) violations of the rights and […]