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Climate Change Hero

Climate Change Blog

  • 22
  • December
  • 2016

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Happy Holidays

The contributors to the Climate Change Blog wish you a wonderful holiday season and a very happy new year. We will be taking some time away from the blog, but will return in early 2017.

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  • 13
  • December
  • 2016

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Two New Class Action Complaints Against Exxon Allege Climate Fraud

In November, two class action complaints were filed against Exxon Mobil — Ramirez v. Exxon in the Northern District of Texas and Fentress v. Exxon in the Southern District of Texas. Ramirez is a purported class action for purchasers of Exxon common stock, while Fentress alleges class action claims under Employee Retirement Income Security Act (“ERISA”) on behalf of current and former Exxon employees who participated in an employee stock option plan during the class period. Both of these cases rest upon a very similar set of factual allegations, and are significant as the potential beginning of a new type of climate change litigation.

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  • 06
  • December
  • 2016

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85-Year Climate Forecasts Prompt Species Listing Under the Endangered Species Act

In late October, the Ninth Circuit Court of Appeals upheld the National Marine Fisheries Service’s (NOAA Fisheries) decision to list the Beringia distinct population segment (DPS) of the Bearded Seal as threatened under the Endangered Species Act (ESA).1 This listing decision was controversial because the Beringia DPS is not facing any imminent or serious threat or reduction to its population. Indeed, NOAA Fisheries acknowledged that the Beringia DPS currently has a large, widely distributed, and genetically diverse population. Nevertheless, NOAA Fisheries concluded that the Beringia DPS was threatened, based primarily on climate change models that predict the loss of sea ice by the year 2095 in ways that would likely affect the seal’s significant life functions and endanger the seal. This is the first time NOAA Fisheries has looked so far into the future to form a basis to list a species as threatened that is currently faring well.

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  • 31
  • October
  • 2016

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Environmental Groups Perpetuate a "Climate Alarmism Enterprise," RICO Suit Claims

On September 12, 2016, Leonid Goldstein filed a civil lawsuit in the Northern District of Texas alleging a massive criminal scheme by numerous environmental non-governmental organizations (“NGOs”) and unnamed individuals to perpetuate the “false claim” of “dangerous ‘global warming’” through a criminal scheme that the complaint describes as a “Climate Alarmism Enterprise.” In what is perhaps a first in the climate change legal battles, Goldstein alleges that in advocating for a solution to climate change, these environmental groups violated the Racketeer Influenced and Corrupt Organizations (“RICO”) Act, a federal statute aimed at combatting organized crime.

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  • 21
  • September
  • 2016

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North Dakota Reveals Basic Framework for Challenge of EPA's Quad Oa Methane Regulations for the Oil and Gas Sector

As discussed in this previous post, a number of states and industry groups have taken a stand against the Environmental Protection Agency’s new methane and VOC emissions regulations for the oil and gas sector (“Quad Oa”). North Dakota recently provided additional insight about the claims that it plans to bring against EPA in the U.S. Court of Appeals for the D.C. Circuit.

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Contributors

Margaret E. Peloso

Margaret E. Peloso Counsel

Eric Groten

Eric Groten Partner

George C. Hopkins

George C. Hopkins Partner

Michael B. Wigmore

Michael B. Wigmore Partner

Mattew T. Dobbins

Matthew Dobbins Senior Associate

Tyler E. Robinson

Tyler E. Robinson Senior Associate

Theresa Romanosky

Theresa Romanosky Associate

Brandon M. Tuck

Brandon M. Tuck Senior Associate