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Climate Justice Litigation in the United States—A Primer

Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt throughout the United States, they are not evenly distributed. This Article explores how several states have initiated climate justice litigation to address this issue.

The Promise and Peril of State Corporate Climate Disclosure Laws

On October 7, 2023, California Gov. Gavin Newsom signed the most far-reaching corporate climate disclosure (CCD) requirements in the United States. This so-called California Climate Accountability Package consists of the Climate Corporate Data Accountability Act (Senate Bill (SB) 253), which requires certain companies to disclose greenhouse gas emission data, and the Climate-Related Financial Risk Act (SB 261), which requires certain companies to disclose climate-related financial risks.

89 FR 22649

FWS proposed to remove the Roanoke logperch from the Federal List of Endangered and Threatened Wildlife due to recovery. 

89 FR 22522

FWS revised the rule for the African elephant promulgated under §4(d) of the ESA in order to increase protection for the species, clarify the existing enhancement requirement, and incorporate a Party’s designation under the Convention on International Trade in Endangered Species of Wild Fauna and Flora National Legislation Project into various decisionmaking processes regarding imports.

89 FR 20927

FWS withdrew the September 7, 2021, proposed rule to list the pyramid pigtoe as a threatened species under the ESA. 

89 FR 20928

FWS proposed to list the pygmy three-toed sloth as a threatened species under the ESA, with a rule issued under §4(d) of the Act. 

89 FR 19861

FWS initiated five-year status reviews for 100 species in American Sāmoa, California, Hawaii, Idaho, Oregon, and Washington under the ESA. 

89 FR 19526

FWS proposed to list the bushy whitlow-wort as an endangered species under the ESA, and to designate approximately 41.96 acres in Jim Hogg County, Texas, as critical habitat for the species. 

89 FR 19546

FWS proposed to remove the North Park phacelia from the Federal List of Endangered and Threatened Plants due to recovery. 

89 FR 18626

DOE notified interested parties of its intent to launch a Voluntary Carbon Dioxide Removal Purchasing Challenge.