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These bills are designed to function similarly to the federal Superfund law, which allows the Environmental Protection Agency (EPA) to seek funds retroactively from polluters to clean up contaminated sites. The bill would enact a Polluters Pay Climate Superfund Act of 2025 which would establish the Polluters Pay Climate Superfund Program.
In an important win for climate accountability in the United States, the US Supreme Court decided that lawsuits filed in Colorado, Maryland, California, Hawai’i, and Rhode Island against fossilfuel companies including ExxonMobil, Chevron, Shell, Suncor, and others will remain in state courts.
For the first time, the International Court of Justice (ICJ)—the world’s highest court—may be ruling on climatechange. When diplomacy needs backup, countries turn to resolve their disputes at the ICJ, the United Nations’ principal judicial organ, to set the tone for international law. What is an advisory opinion?
Understanding sea level rise as a long-term, multi-generational problem is essential to comprehending the scale of climatechange and the need for bold action now. While this knowledge may be sobering, it underscores the importance of reducing emissions, holding major polluters accountable, and adapting to a changing world.
Production and combustion of fossilfuels imposes enormous costs on society, which the industry doesn’t pay for. I want to talk about some options for using the tax system to change that. The closest we’ve ever come to a carbon tax is a limited fee on methane emissions under the new IRA law. Download as PDF.
As the climate crisis deepens, so does the urgency to hold fossilfuel companies accountable for decades of deception. As the fossilfuel industry spares no expense to obscure these truths, the work of scientists who engage with climate litigation is increasingly vital.
Fossilfuel companies are well established as founts of disinformation , agents of obstruction, and drivers of climatechange. This guidance has been solicited from the International Tribunal for the Law of the Sea (ITLOS), Interamerican Court of Human Rights (IACtHR), and International Court of Justice (ICJ).
According to the Energy Information Agency , South Korea’s power sector is heavily reliant on fossilfuels. Two thirds of generation capacity is based on fossilfuels, split evenly between coal and natural gas, with 17% nuclear, and 14% hydro and other renewables. 50% coal, 26% gas, and 25% nuclear. Download as PDF.
is a serious blow to the EPA’s ability to fight climatechange—and could have dangerous repercussions beyond this case. The timing of the decision feels especially harsh, as the nation is in the throes of the “ Danger Season ” for hazards such as heat waves, drought, wildfires and hurricanes, all worsened by climatechange.
The summary for policymakers of the Intergovernmental Panel on ClimateChange (IPCC) sixth synthesis report was released on March 20th (available online as a PDF ). There is a recording of the IPCC Press Conference – ClimateChange 2023: Synthesis Report for those who are interested in watching an awkward release of the report.
So for my last ClimateLaw and Policy class at UCLA Law this semester, I once again asked my students to tell me what they are thinking about the future of climate policy in light of today’s global circumstances, keeping in mind lessons we’ve learned through the semester. Here’s to new voices and a new direction.
In preparing to teach a course on climatelaw, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. and international law. and international law. climate policy. Here goes: I.
Though they probably meant well, it’s offensive—misogynist even— to suggest that Taylor Swift has nothing more to contribute to the climate movement than a date. You could argue that writing about climatechange would be a departure from Swift’s usual topics of relationships and romance, which frankly is a sexist and untrue take.
Monterey County Oil Field (credit: Monterey County Weekly) For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. Well, break’s over.
Since the summer of 2021, five Republican-controlled state legislatures have passed bills banning their state governments from doing business with financial institutions that they allege have divested from fossilfuel companies as a result of ESG investment policies. Another six statehouses are considering similar bills.
Energy law used to be an obscure niche subject. Energy law is a hot topic. Law students are thronging to the field, seeing an opportunity to combine social relevance with good-paying jobs. Top law schools are responding by competing for faculty. There are three interlinked reasons for the change. Climatechange.
The aim of the EU is to try to stop fossilfuel companies suing states over climate action. This shall, according to a leaked document, be pursuit by fundamental changes to the investment chapter and to the Investor State Dispute Settlement MEchanism of the ECT (ISDS).
In an unusual move, the commission is also reviewing what keeping Line 5 operating means for climatechange. Evaluating the impact on climatechange if Line 5 continues to operate is new. “We Kearney’s group argues that would ultimately cut the greenhouse gas emissions from fossilfuels.
Policy drivers State leadership has been important in driving the development and adoption of clean energy for decades, and remains key to accelerating the move toward clean energy and away from fossilfuels.
In an unforeseen turn of events, a pivotal climate litigation case unfolded in Montana , where 16 young environmental advocates challenged the state’s fossilfuel policies. A Montana judge declared those state laws unconstitutional. Science and lived experience led this case.
The image that comes to mind when I think of fossilfuel villains is Batman’s adversary Two-Face. To be two-faced is to be deceitful, and deception is what the fossilfuel industry executives excel in. What is ESG? ” Kentucky officials are not doing this alone, it is part of a coordinated effort.
If passed into law, the bill would be a valuable step toward limiting misinformation about fossilfuels and countering greenwashing. The fossilfuel industry has a long and well documented history of denying climate science and funding advertising campaigns to greenwash oil and gas.
A Montana state district court has issued its long-awaited decision in a major climatechange case brought by Montana children against state officials. Judge Seeley did so after presiding over a two-week, non-jury trial in June 2023–the first such climatechange trial in U.S. In Held v. legal history.
Both extreme heat and wildfires are directly linked to climatechange. For years, fossilfuel companies have socialized the costs of their pollution while privatizing the benefits. Perhaps less obvious is the importance of state and local governments in holding the fossilfuel industry accountable.
UN Photo/ICJ-CIJ/ Frank van Beek This blog post is Part 3 of a three-part series highlighting the main legal arguments presented during the hearings of the International Court of Justice (ICJ) on the request for an advisory opinion regarding the obligations of States with respect to climatechange.
Last Friday, the Supreme Court overruled the 40-year-old Chevron doctrine , fundamentally changing the landscape of federal regulatory power. the EPA or FDA), staffed with experts, to interpret and implement laws within their purview effectively. This could hinder efforts to implement climate policies at the federal level.
Will the City of Ottawa ban fossilfuel promotion in City facilities? Fossilfuel advertisements indeed contradict the City’s policies on climate. City Council declared a climate emergency in 2019 and committed to a full phase-out of fossilfuels by 2050. It’s possible. And who knows?
The climate crisis is one of humanity’s most complex conflicts yet. The dangerous impacts of a warming, fossil-fuel dependent world span from wildfires capable of destroying entire towns to cancer-causing air pollution that afflicts the next generation. Unfortunately, when it comes to climatechange, the truth is often obscured.
Drawing on research by the Union of Concerned Scientists and others, the commission report found that fossilfuel companies fully understood their products’ impact on climate as early as 1965, when their own scientists discovered them. N ovel Approaches to Climate Litigation.
A key feature of the Earths climate system is that it is always trying to maintain equilibriumthat is, the energy coming into the planet must always equal the energy leaving the planet. Because the whole of the Earth’s climate system is subject to the laws of thermodynamics: energy in = energy out.
Scientists have unequivocally confirmed that human activities, primarily the burning of fossilfuels, are driving unprecedented changes to the Earth’s climate, raising fundamental questions about our responsibility to safeguard the environment for future generations.
Questioning fossilfuel companies is part of our mission, but each year the Union of Concerned Scientists (UCS) gets a chance to aim some choice words directly at corporate leaders during their annual shareholders’ meetings. million last year to pump out disinformation about California’s energy policies.
That would be the straw man erected by defenders of the fossilfuel industry who claim that facing climatechange is a doctrinaire liberal policy. One group that has filed resolutions in the past is the far-right National Center for Public Policy Research, which fossilfuel companies including ExxonMobil have funded.
Gene Yaw (R-Lycoming) announced plans to introduce legislation to prohibit municipalities from receiving Act 13 drilling impact fees if they set more protective standards on the development of natural gas than required in state or federal law and while a challenge to local restrictions is being litigated. Read more here. Read more here.
million for other categories of support to fossilfuels. They have profited immensely from exploiting our shared resources and these polluting companies must be held accountable for their harm to the land, water and climate. Cleaning up is the law. We shouldn’t be paying oil and gas companies to reduce their emissions .
Texas and a number of other states have passed laws banning what they call “boycotts of fossilfuel companies.” ” More precisely, they ban state investment or contracting with firms that “boycott” fossilfuel companies. It’s not clear which firms are supposed to go on the state’s blacklist.
This means that, with few exceptions, new buildings will need to exclusively use electric appliances, and will not be allowed to contain any fossil-fuel infrastructure, like natural-gas lines. All-electric as the new normal. Just as important is the process that led to the new-buildings ordinance.
On April 28, 2022, the California Attorney General launched an investigation into the “fossilfuel and petrochemical industries for their role in causing and exacerbating the global plastics pollution crisis.” Stay tuned for our continuing series on climatechange related state attorney general actions.
Climatechange, one of the defining challenges of our time, demands multifaceted approaches to drive action and accountability. Two central players in this arena are climate litigators and United Nations (UN) climate negotiators. Meanwhile, in the United States, the recent Held v.
The lobby bot data from February 2023 is in – and it was a busy month for fossilfuel lobbyists determined to weaken climatechange policy. In addition, not all meetings and communications that we might consider to be “lobbying” are required to be disclosed, because of huge loopholes in the federal lobbying law.
Some of those, such as the public health and climate benefits, depend on the clean energy displacing the dirty stuff—avoiding increases in fossilfuel generation or, even better, displacing existing generation. One reason is climatechange, and the increasingly dire news on that front.
Local actors seek climatechange damages from the biggest fossilfuel companies through state law litigation. EPA and the Supreme Court’s deregulatory trend, state action remains an avenue for climatechange adaptation and mitigation. Individuals, too, have brought state law cases.
At COP28, countries agreed to transition away from fossilfuels and accelerate action within the decade to achieve our global climate goals. This welcome progress on climatechange is an important signal for Canada to take note of; the world is transitioning away from one of our main exports.
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