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Putting the Ban Back Together: A Critical Look at California Restaurant Association v. Berkeley

Concerned by methane’s potent climate-altering emissions, a growing number of states and municipalities have embraced the phaseout of natural gas as a tool to mitigate climate change. But in April 2023, the California Restaurant Association successfully petitioned the U.S. Court of Appeals for the Ninth Circuit to overturn the city of Berkeley’s ban on natural gas infrastructure in new buildings. The three-judge panel found the ban preempted by the federal Energy Policy and Conservation Act, and in January 2024, the Ninth Circuit denied Berkeley’s petition for rehearing.

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.

Center for Biological Diversity v. Little

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to an Idaho law authorizing expanded authorization of recreational wolf trapping and snaring in the state's grizzly bear habitat. The groups argued Idaho's continued authorization and expansi...

Alaska v. National Marine Fisheries Service

A district court denied the state of Alaska's and North Slope Borough's challenge to NMFS' decision not to delist the Arctic ringed seal as an endangered species following their 2019 petition. The plaintiffs argued NMFS failed to credit new information from FWS' analysis, failed to credit the Interg...

Alaska Wildlife Alliance v. United States Fish and Wildlife Service

In an unpublished opinion, the Ninth Circuit affirmed in part and reversed in part summary judgment for FWS in a challenge to the Service's issuance of an incidental take regulation for polar bears living along Alaska's Beaufort Sea. Environmental groups argued FWS failed to satisfy the Marine Mamma...

Swan View Coalition v. Haaland

A magistrate judge recommended summary judgment be granted in part and denied in part for environmental groups in a challenge to the Forest Service's 2018 revision to the forest management plan for Flathead National Forest. The groups argued the Forest Service and FWS failed to rationally consider t...

Defenders of Wildlife v. United States Forest Service

The Tenth Circuit affirmed dismissal of an environmental group's petition to review FWS' revised land management plan for the Rio Grande National Forest. The group argued FWS' biological opinion (BiOp), which concluded the plan would not likely jeopardize the Canada lynx's continued existence, faile...

PJM Power Providers Group v. Federal Energy Regulatory Commission

The Third Circuit granted petitions to review FERC orders allowing the administrator of a 2024/2025 capacity auction to apply a new rule retroactively to a pending action to avoid a spike in electricity prices. Electric suppliers and their trade groups argued the orders violated the filed rate doctr...

Save Long Beach Island v. U.S. Department of Commerce

A district court granted NMFS' motion to dismiss a challenge to its decision to issue several incidental take authorizations (ITAs) for wind farm development off the coasts of New Jersey and New York. A nonprofit group argued NMFS violated the Marine Mammal Protection Act because the ITAs had more t...