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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 22688

The National Telecommunications and Information Administration (NTIA) announced that it will follow the First Responder Network Authority’s NEPA procedures on an interim basis with modifications to account for NTIA's internal organization and establish 30 new categorical exclusions in compliance with NEPA, CEQ regulations, and other related authorities. 

Texas v. United States Department of Transportation

A district court granted summary judgment for the state of Texas in a challenge to the Federal Highway Administration's (FHwA's) 2023 rule requiring states to measure, report, and set declining targets for the amount of carbon dioxide emitted by vehicles using the interstate and national highway sys...

Wilderness Society v. U.S. Department of Interior

A district court granted in part and denied in part summary judgment for conservation groups in a challenge to BLM's authorization of a lease sale for oil and gas development in Wyoming. The groups argued BLM failed to take a "hard look" at the potential environmental impacts of the Wyoming sale, as...

Dakota Resource Council v. U.S. Department of Interior

A district court denied summary judgment for conservation groups in a challenge to BLM's authorization of six lease sales for oil and gas development in the western United States. The groups argued BLM failed to take the requisite "hard look" when analyzing the cumulative impact of greenhouse gas em...

89 FR 20470

EPA adopted two categorical exclusions from DOE under NEPA for drop-off, collection, and transfer facilities for recyclable materials and for installation or relocation of machinery and equipment.

89 FR 18626

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

89 FR 17537

The Pipeline and Hazardous Materials Safety Administration and NRC jointly seek comments on issues concerning requirements in the International Atomic Energy Agency regulations for the safe transport of radioactive materials.