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Northwest Environmental Advocates v. United States Environmental Protection Agency
A district court vacated EPA's denial of an environmental group's petition to issue new and revised water quality standards for the state of Washington. The group argued that EPA acted arbitrarily and capriciously in denying its petition, and sought to have the denial vacated and the petition remand...
Delaware v. BP America Inc.
A district court granted Delaware's motion to remand to state court its climate liability lawsuit against fossil fuel companies. Delaware argued it had suffered, and would continue to suffer, damages from climate impacts caused by the companies' denial of and disinformation about the existence, caus...
Food & Water Watch v. U.S. Environmental Protection Agency
The Ninth Circuit remanded EPA's issuance of an NPDES general permit for concentrated animal feeding operations (CAFOs) in Idaho. Environmental groups challenged the permit, arguing it lacked sufficient monitoring provisions to ensure compliance with its discharge limitations. The court found that t...
A New Causal Pathway for Recovery in Climate Change Litigation?
Courts across the globe recognize that human-induced climate change leads to more frequent and severe extreme weather and other events, resulting in significant damages to persons and property. Although courts have therefore ordered countries and corporations to take more aggressive actions to limit their greenhouse gas emissions, no court has yet required any emitter to pay damages for injuries from a climate changerelated event. Causation issues remain a significant obstacle to such claims.