In an unpublished opinion, the Ninth Circuit affirmed a district court ruling that granted two cities' motion to remand to state court climate liability suits brought against five oil and gas companies.
The Fifth Circuit, 2-1, granted six small refineries' petitions to review an EPA decision denying their requested exemptions from obligations under the CAA Renewable Fuel Standard (RFS) program.
The December issue of ELR features articles on climate change disinformation liability under the Federal Trade Commission Act; enhanced U.S.-Canadian collaboration on marine migratory species; agrivoltaics as a lifeline for rural farmers and California's renewable energy goals; and the SEC's Climate Disclosure Rule and compelled commercial speech. The issue also includes a transcript from a recent webinar that analyzed EPA's and the Army Corps of Engineers' revised WOTUS rule, and discussed its regulatory and policy consequences.
On May 25, 2023, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. Early assessments of Sackett underscore two vital points: much has been lost for wetlands protection, and much has changed with respect to the Court’s broader environmental law jurisprudence.