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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.

Virginia: Water

The State Water Control Board reissued, with amendments, the Virginia Pollutant Discharge Elimination System general permit for discharges of stormwater from construction activities. The amendments, among other things, update provisions concerning authorization of non-stormwater discharges, implement new requirements for controlling construction dewatering discharges to impaired waters or exceptional waters, and add a turbidity benchmark option to the contents of the stormwater pollution prevention plan.

Texas: Energy

The Public Utility Commission proposed amendments to regulations governing motions to intervene. The amendments would change the intervention deadline from 45 to 30 days for proceedings involving applications for certificates of convenience and necessity for new transmission facilities. Comments are due April 11, 2024.

Rhode Island: Energy

The Public Utilities Commission proposed amendments to regulations governing the implementation of a renewable energy standard. The amendments would reflect statutory changes enacted in June 2022 by changing the annual percentages of renewable energy required to achieve a 100% renewable energy standard by 2033. A hearing will be held April 11, 2024. Comments are due April 24, 2024. See https://rules.sos.ri.gov/Promulgations/part/810-40-05-2.

Nebraska: Natural Resources

The Public Service Commission proposed amendments to regulations governing natural gas and oil pipeline rules and regulations. The amendments would update, modernize, correct errors, and reorganize the regulations. A hearing will be held April 30, 2024. See https://rules.nebraska.gov/docket.

Maryland: Water

The Department of Environment proposed to adopt a new regulation and amend existing regulations governing drinking water quality. The adoption and amendments would clarify and formalize procedures regarding Tier 1 public notices for water systems, particularly addressing outages, flooded wells, and flooded springs, and clarify the procedures, such as boil water advisories and water quality sampling, required during such incidents. Comments are due April 22, 2024.

Maine: Energy

The Efficiency Maine Trust adopted amendments to rules governing the electric efficiency and conservation programs. The amendments, among other things, reflect updates to the Efficiency Maine Trust Act pertaining to activities to advance the policy of beneficial electrification and the inclusion of certain cost-effective beneficial electrification measures in the determination of maximum achievable cost-effective resources.