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New York, City of v. Exxon Mobil Corp.
A district court granted New York City's motion to remand to state court a climate deception lawsuit brought against fossil fuel companies. The city initially sued the companies in state court, arguing they violated the city's consumer protection law by misleading consumers about the impact of their...
Committee for a Constructive Tomorrow v. United States Department of the Interior
A district court denied policy groups' request to preliminarily enjoin construction of a wind energy project off the coast of Virginia. The groups argued the project should be enjoined until NMFS updates its biological opinion to include an analysis of the cumulative effects of other offshore wind p...
G.B. v. United States Environmental Protection Agency
A district court granted EPA's motion to dismiss for lack of redressability a climate liability lawsuit brought by a group of minors in California. The plaintiffs argued EPA violated their constitutional rights by intentionally allowing dangerous levels of pollution to enter the atmosphere from sour...
Natural Resources Defense Council v. Haaland
The Ninth Circuit affirmed a district court ruling in favor of the Bureau of Reclamation and FWS in a challenge to the agencies' renewal of water supply contracts in California. Environmental groups argued that FWS conducted an inadequate consultation on the effects of the renewals on delta smelt an...
Texas v. Securities and Exchange Commission
The Fifth Circuit dismissed for lack of standing four states' challenge to the Securities and Exchange Commission's final rule requiring funds to disclose their votes on environmental, social, and governance matters. Texas, Louisiana, Utah, and West Virginia argued they had suffered injury as invest...
The Coastal Property Insurance Crisis
More severe storms and rising sea levels pose a threat to U.S. coastal communities, including millions of homes and businesses. Insured damages to coastal property are steadily increasing, insurance premiums are increasing, and private insurance companies have stopped serving some coastal states. Taken together, the consequences of declining availability and increasing costs constitute a coastal property insurance crisis.
White v. United States Army Corps of Engineers
A district court granted summary judgment for a fisheries biologist in a challenge to the Army Corps of Engineers' flood control operations at a California dam. The biologist argued the operations, which released water from the dam into the Russian River, violated §9 of the ESA by unlawfully "takin...
National Wildlife Refuge Ass'n v. Rural Utilities Service
The Seventh Circuit reversed a district court's preliminary injunction prohibiting approval of a proposed land exchange in Wisconsin for construction of a high-voltage electric transmission line that would run through the Upper Mississippi River National Wildlife and Fish Refuge. The appellate court...