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Civil Law

Michigan AG Solicits Attorney Help for Climate Change Litigation

In recent months, much of the discussion of ESG issues has focused on the impact of the ESG backlash. However, the predominance of the backlash movement in the current ESG discussion does not mean that interest in addressing ESG-related concerns has disappeared; in certain circles at least, ESG concerns remain on the agenda. The most interesting recent development along these lines is the May 9, 2024, issuance of a Request for Proposals (RFP) by the Michigan Department of Attorney General, … Read the rest

Civil Law

Climate Justice Denied: Ninth Circuit Dismisses Juliana v. United States

The environmental climate change case that has attracted the most attention, Juliana v. United States has come to an unceremonious end and all Americans should be concerned. On May 1, 2024, the Ninth Circuit Court of Appeals ordered, “The district court is instructed to dismiss the case forthwith for lack of Article III standing, without leave to amend.”

Without regard to one’s perspective on the merits of the claims, the dismissal of this case after nearly a decade … Read the rest

Civil Law

Smith v Fonterra: A Climate Change Litigation Development

The Supreme Court of New Zealand recently overturned strike-out decisions to allow climate change claims (involving a new climate tort) to proceed to trial.

Background

In 2022, Michael Smith, a Māori tribal elder and the climate change spokesman for the Iwi Chairs Forum, a national forum of tribal leaders, brought proceedings against seven corporate defendants, alleging that they were collectively responsible for one-third of New Zealand’s greenhouse gas emissions in 2020-2021.

Mr Smith sought a declaration that the seven defendants … Read the rest

Civil Law

HKEx Launches Core Climate, Hong Kong’s International Carbon Marketplace

On 28 October 2022, the Hong Kong Exchanges and Clearing Limited (“HKEx”) launched Core Climate, an international carbon marketplace designed to allow for the trading of voluntary carbon credits and instruments, which provides a best-in-class, trusted market infrastructure and helps connect capital with climate-related products and opportunities in Hong Kong, Mainland China and globally. Core Climate participants will be able to source, hold, trade, settle and retire voluntary carbon credits through the Core Climate platform.

According to … Read the rest

Supreme Court

Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change

Three days after President Joe Biden named Judge Ketanji Brown Jackson as his nominee to succeed the retiring Justice Stephen Breyer, Breyer and his colleagues will return to the bench on Monday morning to hear oral argument in a case involving the Environmental Protection Agency’s authority to regulate greenhouse gases. Although the case hinges on a highly technical provision of the Clean Air Act, it nonetheless has the potential to be one of the most consequential cases in a … Read the rest

Supreme Court

Climate change and immigration policies headline February argument calendar

In an argument calendar released on Friday afternoon, the Supreme Court announced that it will hear oral arguments in seven cases over five days. The justices will tackle a wide range of issues, from the Environmental Protection Authority’s power to regulate greenhouse gases to an effort by a group of states to defend a controversial Trump-era immigration policy known as the “public charge” rule after the Biden administration declined to do so.

The justices will hear oral argument on … Read the rest