A district court granted two Indian tribes' motion to remand to state court a challenge brought against fossil fuel companies for climate change-related harms. The tribes sued in state court, asserting claims for public nuisance and failure to warn. The companies removed the suit to federal court, a...

A district court granted New York City's motion to dismiss a challenge to its statute prohibiting the use of fossil fuels in newly constructed residential buildings. Trade groups and a union argued the statute was preempted by the Energy Policy Conservation Act (EPCA) because it concerned "the ...

The Seventh Circuit vacated a preliminary injunction that had barred enforcement of an Indiana statute giving incumbent electric companies rights of first refusal (ROFRs) to build and operate new interstate transmission facilities that connect to facilities they own. Companies seeking to b...

The D.C. Circuit partially granted petitions for rehearing in a challenge to FERC's reauthorization of two liquefied natural gas terminals and an associated pipeline in Texas. In a prior opinion, the court held FERC erred by failing to issue supplemental EISs addressing its updated environmental jus...

A district court granted EPA's and OMB's motion to dismiss a challenge brought by California youth against certain agency policies for allegedly undervaluing the lives of children in cost-benefit analyses and thus harming them by failing to resolve the climate crisis. The youth argued the policies v...

A district court granted the state of California's motion to dismiss a challenge to two California laws—SB 253, Climate Corporate Data Accountability Act, and SB 261, Greenhouse Gases: Climate-Related Financial Risk—that require large businesses to publicly disclose their greenhouse gas emission...

The D.C. Circuit denied a petition to review FERC's authorization of an owner's request to surrender its license for a hydroelectric project on the Salmon Falls River between New Hampshire and Maine. A conservation group initially requested rehearing of the authorization, arguing the two dams from t...

The Montana Supreme Court affirmed a trial court ruling that declared the Montana Environmental Policy Act (MEPA) violated youths' state constitutional right to a "clean and healthful environment." The youths argued a provision of MEPA that precluded analysis of greenhouse gas emissions in EAs and E...

The First Circuit affirmed summary judgment for the U.S. government in a lawsuit concerning a plan to construct a large-scale commercial offshore wind energy facility off of Martha's Vineyard. Several entities associated with the commercial fishing industry challenged the approval process, asserting...

A district court on remand permanently enjoined the Public Utility Commission of Texas from enforcing a 2019 state law that limited the ability to build, own, or operate new transmission lines to owners of existing transmission facilities in Texas, in areas of the state not covered by the main grid ...