climate liability

More Thrills and Chills Ahead!  What to Expect in 2024

Here are the key events that will shape climate and energy policy.

We will face some important forks in the road in 2024 in terms of environmental law.  Here are some of the upcoming forks. Who will be President in 2025?  You probably don’t need reminding that 2024 is an election year. At this point, the election seems likely to be a replay of Biden versus Trump. …

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What Next for the Climate Tort Cases?

Cases against the oil companies are back to state court. It’s time to map out the next steps.

With the Supreme Court’s refusal to take up the issue, the lawsuits against the oil industry are heading back to state court. That’s where the plaintiffs wanted those cases from the beginning, but it’s by no means the last of the issues they will confront.  The oil companies will fight a scorched earth campaign, spending …

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Removing Climate Liability Plaintiffs from State Court Could Create Logjam in Federal Courts

The U.S. Supreme Court is set to decide a nuanced issue of procedural law that could create a loophole which would dramatically expand the reach of federal appellate jurisdiction and prevent climate plaintiffs from suing oil companies in state court.

As recent extreme heat waves, hurricanes, and wildfires across the country have elevated public concern about the widespread and harmful effects of climate change, the U.S. Supreme Court granted certiorari this month in a climate liability case called BP P.L.C. v. Mayor and City Council of Baltimore. In short, the City of Baltimore sued a …

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U.S. state insurance regulators take step toward addressing climate risk

I’ve spent some time over the past two years studying the relationship between the insurance industry and climate change.  Yesterday there was an important development in this area: the National Association of Insurance Commissioners (NAIC) , the group of state regulators that collectively regulate insurance in the U.S., adopted for the first time a requirement that large insurers …

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