Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?

By Maria Antonia Tigre On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. Minister for the Environment to impose a duty of care on the Minister for the Environment to mitigate climate harm to […]

New Sabin Center White Paper Assesses the New York State Executive Branch’s Authority to Enact a Moratorium on the Permitting of Consolidated Proof-of-Work Cryptocurrency Mining Facilities

By Jacob Elkin As cryptocurrency has increased in popularity and cryptocurrency mining facilities have expanded their energy consumption, some fossil fuel power plants in New York have ramped up energy generation to provide behind-the-meter power to cryptocurrency miners. Increased power generation to fuel cryptocurrency mining has significant environmental impacts, leading […]

Guest Commentary: A Review of Nigeria’s 2021 Climate Change Act: potential for increased climate litigation

By Prof. Muhammed Tawfiq Ladan, Phd* Background Countries around the world have increasingly adopted climate change laws over the last two decades. This is partially attributable to the dynamism in international climate negotiations but also a growing appreciation of the crucial role that national laws and policy measures play. Legislative […]

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 […]