In a rare occurrence, two appellate courts have recently weighed in on natural resources damages (NRD) claims, providing fresh insights into this evolving area of law. The U.S. Court of Appeals for the First Circuit’s October decision in United States v. Ernst Jacob GmbH & Co. under the Oil Pollution Act, alongside a September Ninth Circuit ruling under CERCLA, mark significant developments for NRD litigation and policy.
Continue Reading Agency Deference and Natural Resources Damages
Some companies that do business in California are facing rapidly approaching compliance deadlines under California’s climate disclosure laws, SB 253 and SB 261, the first of which will occur on
Continue Reading New California Climate Disclosure Law Deadlines Are Rapidly Approaching: Compliance Considerations for Companies
California Senate Bill 261 (the Climate-Related Financial Risk Act; SB 261) requires certain businesses to submit biennial disclosures of climate-related financial risks, as well as the measures they have implemented to reduce such risks.
At the end of its legislative session, the California legislature passed AB 1207 and SB 840 to extend and introduce new measures for California’s greenhouse gas (GHG) emissions Cap-and-Trade program.
Continue Reading California’s Cap-and-Trade Is Extended and Becomes ‘Cap-and-Invest’ in Package of New Energy Laws
The state of California has adopted SB 254, a comprehensive energy bill designed to reform the state’s utility regulation and development of clean energy infrastructure, with the goal of reducing electricity costs, improving wildfire safety, and accelerating the state’s transition to clean energy.
Continue Reading California Enacts New Electric Transmission Financing Programs and Adds to Its Wildfire Fund
California faces refinery closures, high fuel costs, and reduced oil demand, the combination of which have contributed to concerns regarding potential impacts on price volatility.
Continue Reading California Enacts SB 237 to Streamline New Oil Well Permits in Kern County and Increase Output
On Sept. 5, 2025, the D.C. Circuit reversed EPA’s 2023 rule rescinding the “startup, shutdown and malfunction” (SSM) affirmative defense under the Title V permitting program. The decision carries implications for Title V programs nationwide and for stationary source regulations more broadly.
Continue Reading DC Circuit Reinstates Title V Emergency Affirmative Defense
In 2023, New York State amended its laws to require updates to New York State Uniform Fire Prevention and Building Code (Uniform Code) and the State Energy Conservation Construction Code
An appellate decision earlier this month addressing the cultural value of a fishery resource for purposes of a natural resources damages claim raises issues worth thinking about, not only with respect to NRD claims but also with respect to our own Environmental Rights Amendment.
Continue Reading The Cultural Value of Natural Resources
The California Independent System Operator (CAISO) currently operates an electricity grid that is largely limited to the state of California.
Continue Reading California’s New Western Regional Electricity Market and Expanded Renewable Market