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Climate Change Blog

  • 28
  • June
  • 2017

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Environmental Groups Move to Revive NEPA Lawsuit Over Federal Coal Leasing Program

Environmental groups are seeking to revive a climate change lawsuit regarding the federal coal leasing program, which allows companies to lease federal lands to mine coal. The coal leasing program manages leases on approximately 570 million acres of federal land, and produces approximately 40% of domestically sourced coal. Over 30% of energy generated in the United States comes from coal.

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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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  • 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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Texas Challenges EPA’s Failure to Make New Endangerment Findings for the Quad Oa Methane Rules for the Oil and Gas Sector

As discussed in this previous post, a number of states and industry groups have challenged EPA’s new VOC and methane emission regulations for the oil and gas sector (“Quad Oa”). Texas has now further defined the claims it plans to bring against EPA in the U.S. Court of Appeals for the D.C. Circuit.

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  • 01
  • June
  • 2016

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Massachusetts Supreme Judicial Court Holds the State’s Regulations Do Not Satisfy Requirements of Global Warming Solutions Act

On May 17, 2016, the Massachusetts Supreme Judicial Court held in Kain v. Department of Environmental Protection that the Massachusetts Department of Environmental Protection (“DEP”) had not fulfilled its statutory obligations under the Commonwealth’s Global Warming Solutions Act (“GWSA”). The decision may significantly alter the DEP’s regulation of greenhouse gas (“GHG”) emissions.

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  • 13
  • May
  • 2016

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Washington Department of Ecology Ordered to Develop a GHG Emissions Reduction Plan

On April 29, 2016, a group of children suing the Washington Department of Ecology (“DOE”) won a big victory when a King County Superior Court judge ordered DOE to develop a greenhouse gas (“GHG”) emissions reduction plan by the end of the year. The case shows that citizen groups are continuing to try to use the Public Trust Doctrine as a way to force agency action on climate change.

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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