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...
Tribal groups argued NMFS violated NEPA in adopting the harvest specifications because they relied on outdated EISs despite dramatic changes to the ecosystem that necessitated an updated environmental analysis. The court found the specifications were not arbitrary and capricious because NMFS conclud...
A district court granted the Army Corps of Engineers' motion to dismiss a developer's challenge to the Corps' 2012 jurisdictional determination over certain wetlands in Virginia. The developer challenged the Corps' significant nexus finding between the wetlands and the Northwest River, arguing the s...
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 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 Hawaii Supreme Court held that greenhouse gases (GHGs) were "pollutants" under several insurance policies' pollution exclusions and that an "accident" included an insured's reckless conduct for purposes of a challenge against fossil fuel companies for climate change-related harms. The city and c...
The Ninth Circuit denied a motion for rehearing or reconsideration en banc of its mandamus order in a climate liability suit brought by 21 young people against the U.S. government.
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A district court adopted a magistrate judge's findings and recommendations to remand to state court a climate liability lawsuit brought by an Oregon county against oil and gas companies. The county initially sued in state court, arguing the companies failed to warn consumers about the negative effec...
A district court granted New York City's motion to remand to state court a climate deception lawsuit brought against fossil fuel companies. The city initially sued the companies in state court, arguing they violated the city's consumer protection law by misleading consumers about the impact of their...