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Understanding Stringent Due Diligence in the ITLOS Advisory Opinion on Climate Change

In May 2024, the International Tribunal for the Law of the Sea (ITLOS) issued a landmark advisory opinion on climate change under international law. It unanimously determined that State Parties to the United Nations Convention on the Law of the Sea have specific obligations to take all necessary measures to prevent, reduce, and control marine pollution from anthropogenic greenhouse gas emissions.

Aloha Petroleum, Ltd. v. National Union Fire Insurance Co.

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...

NextEra Energy Resources, LLC v. Federal Energy Regulatory Commission

The D.C. Circuit, 2-1, denied petitions to review FERC's orders requiring a generator to upgrade its circuit breaker in order for another power source to safely connect to the regional transmission grid and requiring the new source to compensate the generator for direct costs of the upgrade. The gen...