courts
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Federal forest land in Arizona transferred for major copper mine
The transfer of federal forest land in Arizona to a pair of international companies that plan to mine one of the largest copper deposits in North America is complete.
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Credit: Ishan @seefromthesky/Unsplash+
US takes aim at UN climate proposal
The Trump administration is urging other nations to press a tiny Pacific island country to withdraw a United Nations draft resolution supporting strong action to prevent climate change, including reparations for damage caused by any nation that fails to take action.
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Credit: Gage Skidmore/https://creativecommons.org/licenses/by-sa/2.0/https://www.flickr.com/photos/gageskidmore/
Federal Judicial Center pulls climate change chapter from official manual for U.S. judges
The “Reference Manual on Scientific Evidence” — updated for the first time in 15 years — eliminates some 90 pages about climate science and comes just as numerous climate cases make their way through state and federal courts.
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A Maryland judge dismisses Baltimore's climate lawsuit against oil companies
A Baltimore judge dismissed the city's climate lawsuit against major oil companies, saying state courts cannot address global issues like climate change.
In short:
- Filed in 2018, Baltimore's lawsuit aimed to hold oil companies like Chevron, Exxon, and BP accountable for environmental damages.
- Judge Brown ruled that federal law, not state law, governs such global pollution-based complaints.
- Baltimore plans to appeal, arguing that the lawsuit addresses consumer fraud, not emission regulation.
Key quote:
"Global pollution-based complaints were never intended by Congress to be handled by individual states."
— Videtta A. Brown, Baltimore Circuit Court Judge
Why this matters:
This ruling sets a precedent that could limit state-level legal actions against oil companies for climate-related damages. It challenges efforts to hold fossil fuel industries accountable for their role in climate change.
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Judges' interpretations of the law significantly impact climate policy
Presidential environmental regulations often face court challenges, shaping policies on climate, water, air, and wildlife.
In short:
- Environmental rules, regardless of the president, are frequently challenged in court.
- Lower federal courts, where thousands of decisions are made, often have the final say.
- Recent judicial appointments have emphasized partisan alignment over experience, affecting court decisions on environmental issues.
Key quote:
“I do think we need a Supreme Court, appellate courts, trial courts, that respect the law and respect facts and avoid this kind of activist bent.”
— DJ Gerken, president of the Southern Environmental Law Center
Why this matters:
Judges' rulings shape the effectiveness of environmental regulations, impacting the government's ability to address critical climate issues. Increased judicial skepticism can undermine efforts to manage emerging environmental challenges.
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Companies face rising number of climate lawsuits
The number of climate lawsuits against corporations worldwide has surged, with over 230 cases filed since 2015, mostly after 2020.
In short:
- Climate-washing, where companies are accused of misleading environmental progress, saw 47 cases in 2023.
- The US led with 129 cases filed in 2023, followed by the UK with 24.
- New climate litigation cases emerged in Panama and Portugal in 2023, adding to the 55 countries recording such cases.
- A growing number of cases were filed in the global south.
Key quote:
"Climate litigation ... has become an undeniably significant trend in how stakeholders are seeking to advance climate action and accountability."
— Andy Raine, head of international environment law at the United Nations Environment Programme
Why this matters:
Increasing litigation pressures companies to get on board with climate goals, potentially changing corporate behaviors. The rise in climate-washing cases reflects growing scrutiny of environmental claims, which could lead to more honest and effective corporate climate actions.
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Italian Supreme Court to rule on Greenpeace climate lawsuit against Eni
Greenpeace Italy and ReCommon have appealed to Italy’s Supreme Court to expedite their climate lawsuit against oil giant Eni, arguing a dismissal would hinder future climate litigation in the country.
In short:
- The lawsuit alleges Eni has knowingly contributed to global warming since 1970.
- Plaintiffs argue that Italian courts have jurisdiction to decide on climate cases involving national and international emissions.
- A dismissal could prevent future climate lawsuits in Italy, contrasting with recent European Court of Human Rights rulings.
Key quote:
“The climate crisis fueled by fossil fuel companies is here. We have seen it with soaring temperatures, we see it with extreme weather events.”
— Simona Abbate, Greenpeace Italy
Why this matters:
This case challenges the accountability of fossil fuel companies for climate change and the role of national courts in addressing global environmental issues. The outcome could set a precedent for future climate litigation in Italy and beyond.
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