Litigation

37 posts

Federal Court Refuses to Halt Construction of Revolution Wind Project

Over the past few years, opponents of offshore wind energy have filed at least 15 lawsuits against 5 projects in federal court. One tactic that plaintiffs in these lawsuits sometimes use is to move for a preliminary injunction to halt construction until the court reaches a final decision on the […]

State “Climate Superfund” Bills: What You Need to Know

In the first months of 2024, legislators in four states—Maryland, Massachusetts, New York, and Vermont—have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure. E&E News reports that similar legislation may soon be […]

Federal Court Limits State Authority to Deny Interstate Transmission Projects

The Fifth National Climate Assessment recently concluded that, to meet national and international climate targets, United States net greenhouse gas emissions will need to decline by over 6% per year and reach net zero by roughly 2050. In order to achieve this target, the United States will need to greatly […]

The Status of Global Climate Litigation: Tracking the Evolution of Legal Action

As the frequency and number of climate change cases continue to rise, a robust body of legal precedent is forming, shaping a well-defined field of climate law. Today, the United Nations Environment Programme (“UNEP”), with support from the Sabin Center, has published a survey of global climate change litigation that […]

Elsberry, MO, June 20, 2008 -- A levee in the Elsberry levee district breaks, flooding farmland and houses in the area. Jocelyn Augustino/FEMA

A Climate Adaptation Toolkit for the Insurance Industry

On July 21, 2023, the Sabin Center launched its latest report, Modelling Climate Litigation Risk for (Re)Insurers. This report, which forms part of the Sabin Center’s broader Climate Law and Finance Initiative, provides a toolkit to help academics, attorneys, insurance practitioners, and industry regulators model (re)insurer climate litigation risk. Insurance […]

Campanile, Clock Tower, UC Berkeley

Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

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 […]

The Advisory Jurisdiction of the ITLOS in the Request Submitted by the Commission of Small Island States

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 look back at significant decisions in climate litigation in 2022

By Maria Antonia Tigre As noted at the end of last year, 2021 was significant for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. 2022 was no different, with courts further delineating the procedural dimensions of climate cases and expanding on the […]