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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. 

89 FR 21519

EPA entered into a proposed administrative settlement agreement for remedial investigation addendum/focused feasibility study under CERCLA associated with the Smeltertown site near Salida, Colorado. 

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 19952

EPA proposed to revise regulations that allow for the open burning and detonation (OB/OD) of waste explosives by reducing OB/OD of waste explosives and increasing control of air emissions. 

89 FR 19602

United States v. Ameren Corp., No. 1:24-cv-00047 (E.D. Mo. Mar. 12, 2024). Under a proposed consent decree, settling CERCLA defendants must pay $6,074,739 and certain settling federal agencies must pay a further $600,798 for costs the United States incurred responding to releases of hazardous substances at the Missouri Electric Works Superfund site in Cape Girardeau, Missouri. 

89 FR 19358

United States v. General Recycling of Washington, LLC, No. 2:24-cv-00329 (W.D. Wash. Mar. 12, 2024). Under a proposed consent decree, settling CERCLA, CWA, and OPA defendants must construct, monitor, and maintain a habitat restoration project and pay a total of $360,558.12 for assessment costs in connection with natural resource damages caused by releases of hazardous substances and discharges of oil from facilities located near the Lower Duwamish River.