On January 20 of this year we launched the Climate Reregulation Tracker to follow the Biden-Harris administration’s progress in undoing its predecessor’s assault on climate change policy by reinstating, expanding and building upon previous climate actions. Three months into the new administration, what has been accomplished so far? Key priorities […]
FEATURED CASE
Second Circuit Rejected New York City’s State Law Climate Claims Against Oil Companies
The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. First, the Second Circuit held that federal common law displaced the City’s state-law public nuisance, private nuisance, and trespass claims because the lawsuit would regulate cross-border greenhouse gas emissions, albeit “in an indirect and roundabout manner,” and because state law claims “would further risk upsetting the careful balance that has been struck between the prevention of global warming, a project that necessarily requires national standards and global participation, on the one hand, and energy production, economic growth, foreign policy, and national security, on the other.” The Second Circuit then held that the Clean Air Act, in turn, displaced federal common law claims related to domestic emissions. The Second Circuit cited American Electric Power Co. v. Connecticut, 564 U.S. 410 (2011), as establishing “beyond cavil” that the Clean Air Act displaced federal common law nuisance suits to abate domestic transboundary greenhouse gas emissions, and found that Native Village of Kivalina v. ExxonMobil Corp., 696 F.3d 849 (9th Cir. 2012), provided “sound reasoning” for determining that the Clean Air Act also displaced federal common law damages claims. The Second Circuit also rejected New York City’s contention that the Clean Air Act’s displacement of federal common law claims resuscitated its state law common law claims. Finally, the Second Circuit held that although the Clean Air Act did not displace New York’s federal common law claims addressing emissions outside the United States, foreign policy concerns foreclosed such claims. The Second Circuit said holding the oil companies liable for “purely foreign activity” would “sow confusion and needlessly complicate the nation’s foreign policy, while clearly infringing on the prerogatives of the political branches.” City of New York v. BP p.l.c., No. 18-2188 (2d Cir. Apr. 1, 2021).
In 2019, New York State Governor Andrew Cuomo signed the Climate Leadership and Community Protection Act (“CLCPA”) into law. The CLCPA sets ambitious mandates for the state to decrease greenhouse gases and expand renewable energy capacity. The statute also acknowledges the outsized health and socioeconomic burden borne by communities historically […]
By Romany Webb On Friday, March 19, Columbia Law School’s Sabin Center for Climate Change Law joined the City of New York, Environmental Defense Fund, and Natural Resources Defense Council in petitioning the New York Public Service Commission (NYPSC) to do more to prepare for the impacts of climate change […]
On Thursday, March 18, the New York Public Service Commission (“PSC”) green-lighted a critical component of New York State’s first offshore wind farm. The South Fork Wind Farm will be located 35 miles off the coast of Long Island, and will provide enough electricity to power 70,000 homes. On […]
By Romany Webb Enhanced weathering is one of several proposed approaches for removing carbon dioxide from the Earth’s atmosphere. It aims to enhance natural weathering processes in which carbon dioxide in the atmosphere reacts with silicate-based rocks, eventually forming carbonate minerals (e.g., limestone). Research suggests that the natural processes can […]
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. […]
By Amy Turner Recent efforts by states to preempt local greenhouse gas or energy requirements have not only stymied climate action, they have also been wielded in an undemocratic way that undermines equity in climate policymaking. State preemption of local law is nothing new, but its impact on procedural equity […]