by Matteo Fermeglia, Catherine Higham, Korey Silverman-Roati and Joana Setzer* Climate litigation is now established as a critical part of domestic climate governance regimes. While domestic climate litigation is still the most notorious form of climate-related dispute resolution, arbitration and mediation are becoming important means of resolving climate-related disputes. However, the […]
by Iva Lea Aurer* The historic judgment rendered by the District Court of the Hague on May 26, 2021 represents a new understanding of corporate liability in regards to the risk of harm caused by their contribution to climate change. The court ordered Royal Dutch Shell (“RDS”) to reduce its […]
By Amy Turner This week marked significant growth for the building electrification movement, as the legal pathways in use by local governments to catalyze electrification doubled in number. Previously, local governments had pursued building electrification through building code provisions requiring or incentivizing electrification expressly, or through affirmative “bans” on […]
By Christoph Schwarte* In 1978, during a phase of the Cold War when relationships between East and West began to relax, the United States and 4 other nuclear powers (China, France, the Soviet Union and the UK) made unilateral declarations granting security assurances to non-nuclear- weapon states. Speaking on behalf […]
By Jaap Spier[1] On April 29, 2021 the German Constitutional Court (the Bundesverfassungsgericht, or GCC) rendered a ground-breaking judgment, requiring the German government to establish specific plans to achieve its mid-century greenhouse gas emissions goal. (An English press release is available here. The judgment, in German, and an unofficial English […]
By Margaret Barry and Korey Silverman-Roati 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 […]
In order to achieve the greenhouse gas reductions needed to sustain a livable climate, we must scale up renewable energy capacity at a rapid pace. Wind and solar energy facilities emit no air pollution and have minimal environmental effects as compared to fossil fuel plants, but like all types of […]
By Michael Burger* On April 1, 2021, a unanimous Second Circuit panel dismissed a lawsuit filed by New York City against a handful of fossil fuel companies seeking damages for climate change harms under state public nuisance and trespass law. (The opinion and other case materials are available here.) The […]