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We celebrated the Sabin Center's 15 years of impact on March 25 and highlighted Michael Gerrard's inspiring work, paving the path for the next generation of climate lawyers. We were honored to present a stellar lineup of speakers, including our generous donor Andrew Sabin, Columbia Law School Dean Gillian Lester, John Cruden, Peggy Shepard, and Jody Freeman.
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The Sabin Center for Climate Change Law is seeking an intern to assist with a variety of communications-related tasks. The intern will work under the supervision of the Sabin Center’s communications associate, Tiffany Challe, and Deputy Director Romany Webb. Among other things, the intern will help to create a weekly social media plan, develop posts and other content for social media, track and record media mentions, assist with management of the new Climate Law Blog, and assist in maintaining and updating the press list. More details are available here.
How to apply: Applicants for the Summer Climate Communications Internship should submit a resume and cover letter to Tiffany Challe at tc2868@columbia.edu. The deadline to apply is April 24.
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This year, the Sabin Center proudly unveils its first-ever annual report, highlighting our cutting-edge research and innovative engagements in the field of climate and energy law in 2023. We submitted amicus briefs in international and domestic courts; published innovative legal research; launched three new resources (IRA Tracker, CLCPA Scoping Plan Tracker, and Community Benefits Agreements Database); revamped our Climate Law Blog; were mentioned, quoted, and featured on podcasts and TV over 350 times; and hosted and participated in numerous events at Columbia Law School and throughout the United States and internationally.
Read the report here.
Download the report in Columbia Law School's Scholarship Archive repository here.
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Title: Food and Water in a Warming World: Agriculture, Climate Change, and Environmental Law (Columbia Journal of Environmental Law Annual Symposium) (In-Person and Zoom)
Date: April 18, 2024
Time: 5 - 6:30 PM
Place: William & June Warren Hall, Room 310, Columbia Law School, and Zoom
Description: The Symposium will feature the following presentations:
- The Methane Majors: Climate Change and Animal Agriculture in the U.S. Courts by Daina Bray and Thomas Poston
- Moving Water: Managed Retreat of Western Agricultural Water Rights for Instream Flows by Stephanie Stern and A. Dan Tarlock
Register here.
Program is generously supported by Sive, Paget & Riesel
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Title: The Fifth Annual Earth Day Climate Change Symposium (Webinar)
Date: April 22, 2024
Time: 9 - 11 AM
Description: The Symposium will consider the local and regional impacts of climate change, as well as the complexities in efforts to respond to climate domestically and internationally. Featuring Aaron Mair, Mark Wysocki, Michael B. Gerrard, and Amy Myers Jaffe.
Register here.
Sponsoring Organizations:
New York City Bar Association, Environmental Law Committee; New York State Bar Association, Environmental & Energy Law Section; Sabin Center for Climate Change Law; Columbia Climate School
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New on the Climate Law Blog
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- Future Trends in Climate Litigation Against Governments, by Lucy Maxwell, April Williamson and Sarah Mead, April 4, 2024
- International Governance of Ocean-Based Carbon Dioxide Removal: Recent Developments and Future Directions, by Romany Webb, April 2, 2024
- Ohio Approves Nation’s Largest Agrivoltaics Project, Finding It Will Serve the Public Interest, by Matthew Eisenson, April 1, 2024
- The SEC’s Final Climate Disclosure Rule: Interrogating Preemption and Coherence with Other Domestic Regimes, by Chloe Field and Cynthia Hanawalt, March 29, 2024
- The SEC’s Final Climate Disclosure Rule: Pathways for Improving the “Floor”, by Chloe Field and Cynthia Hanawalt, March 20, 2024
- State “Climate Superfund” Bills: What You Need to Know, by Martin Lockman and Emma Shumway, March 15, 2024
- The SEC’s Final Climate Disclosure Rule: Key Requirements, and the Materiality Threshold, by Chloe Field and Cynthia Hanawalt, March 11, 2024
More blog posts are available here.
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Updates to the Climate Case Charts
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Here are highlights of this month's climate litigation update. The full update is available here:
Texas and Kentucky Federal Courts Said Federal Highway Administration Exceeded Its Authority in Regulation Requiring States to Set Declining Carbon Dioxide Emissions Targets for Highway System
The federal district court for the Northern District of Texas agreed with the State of Texas and its Department of Transportation that the Federal Highway Administration (FHWA) lacked statutory authority for its final rule requiring states to establish declining targets for carbon dioxide emissions from on-road mobile sources. FHWA adopted the rule as part of its National Highway Performance Program (NHPP) performance measures. The court concluded that Congress expressly limited permissible NHPP performance measures to measures focused on facilitating travel, commerce, and national defense and not measures focused on the environmental performance of vehicles using highway infrastructure. The court found that statutory context further demonstrated that the “performance” of the highway system did not include greenhouse gas emissions from vehicles using the system. The court concluded that vacatur of the regulation was the proper remedy. Texas v. U.S. Department of Transportation, No. 5:23-cv-00304 (N.D. Tex. Mar. 27, 2024)
The federal district court for the Western District of Kentucky ruled that the FHWA rule exceeded the agency’s statutory authority and was arbitrary and capricious. The court said it did not matter whether the statute authorized the FHWA Administrator’s reading of performance to include environmental performance because there was a “more fundamental problem” regarding whether FHWA could set “performance targets.” The court concluded that the statute gave states the authority to set “performance targets” and did not authorize the FHWA Administrator to “appropriate[e] that target-setting authority by defining performance measure”—which FHWA does have authority to establish—“in a way that dictates the choice of targets given states by Congress.” The court therefore held that FHWA “may not create a performance measure that forces states to set declining targets in CO2 tailpipe emissions on the National Highway System.” The court also found that even assuming FHWA had statutory authority to set environmental performance standards, the regulation was arbitrary and capricious because there was no rational connection between the facts and the two justifications for the regulation (reduction of carbon dioxide emissions and information collection). The court issued only declaratory relief but invited the parties to submit additional briefing on the propriety of injunctive relief, noting that the type of additional relief that might be necessary was unclear, particularly given the Northern District of Texas’s vacatur of the rule. Kentucky v. Federal Highway Administration, No. 5:23-cv-00162 (W.D. Ky. Apr. 1, 2024)
Belgium: Farmer Files New Case Against Total Energies for Climate Damages
In March 2024, a legal action was launched by Hugues Falys, a farmer, and several associations (FIAN, Greenpeace, Ligue des droits humains) against Total Energies. The summons have been filed on 13th March with the Commercial Court of Tournai. The legal basis is Belgian extra-contractual civil liability (articles 1382 and 1383 of the former Civil Code). The court has set 16 April 2024 as the date for the introductory hearing so that both parties could agree on the timeline for the legal proceedings (exchange of pleadings, hearings, etc.). This is the first time that a citizen has taken a multinational to court in Belgium over a climate dispute. Hugues Falys, FIAN, Greenpeace, Ligue des droits humains v. TotalEnergies (The Farmer Case (Belgium)
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Please send additional material for inclusion in the climate case charts to manager@climatecasechart.com.
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