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Conservation Law Foundation, Inc. v. Shell Oil Products US

ELR Citation: 50 ELR 20220
Nos. 17-396 WES, (D.R.I., 09/28/2020) (Smith, J.)

A district court granted in part and denied in part an oil company's motion to dismiss a climate change adaptation lawsuit brought against it. An environmental group brought a citizen enforcement action under the CWA and RCRA, challenging the company's failure to adapt one of its storage terminals to prepare for the incremental effects of climate change. The company moved to dismiss for lack of standing. The court found that the group lacked standing to the extent its claims relied on future harms, but had associational standing with respect to near-term harms from foreseeable weather events. It further found that none of the company's arguments compelled dismissal of the group's claims, except to the extent the group relied on federal regulations to support its RCRA claims. It therefore granted in part and denied in part the motion to dismiss.