Haynes Boone Partner Lauren Brogdon was quoted in a Law360 article titled “Energy Litigation to Watch in The Second Half Of 2022.” Below is an excerpt:
Climate change dominated energy-related litigation in the first half of 2022 and is a safe bet to remain in the spotlight in the second half of the year.
Here are five areas of energy-related litigation that attorneys will be watching in the second half of the year:
Social Cost of Carbon Litigation
In February, U.S. District Judge James D. Cain Jr. sided with states led by Louisiana and implemented an injunction. The government appealed, and the Fifth Circuit rejected the injunction in March and reinstated the Biden administration's actions related to the estimates, saying the government was likely to succeed in its appeal.
Meanwhile, the Eighth Circuit in June heard oral arguments in a separate challenge by other GOP states to the interim metrics, which a lower court dismissed for lack of standing.
"I would be surprised if it didn't ultimately make its way to the Supreme Court, given the politics and the volatility over the policy," Haynes and Boone, LLP energy litigation Partner Lauren Brogdon said.
Vehicle Emissions Litigation
In the latest battle over regulating greenhouse gases from the transportation sector, a group of Republican-led states is challenging the EPA's restoration of a California Clean Air Act waiver that permits the state to set its own greenhouse gas emissions standards and run a zero-emissions vehicle program. The waiver had been yanked by the Trump administration….
"It could affect everything from the construction of pipelines and facilities to environmental liability for spills, cleanup and remediation," Brogdon said of the case. "Really, the whole gamut of industry, beginning to end."
Excerpted from Law360. To read the full article, click here.
Climate change dominated energy-related litigation in the first half of 2022 and is a safe bet to remain in the spotlight in the second half of the year.
Here are five areas of energy-related litigation that attorneys will be watching in the second half of the year:
Social Cost of Carbon Litigation
In February, U.S. District Judge James D. Cain Jr. sided with states led by Louisiana and implemented an injunction. The government appealed, and the Fifth Circuit rejected the injunction in March and reinstated the Biden administration's actions related to the estimates, saying the government was likely to succeed in its appeal.
Meanwhile, the Eighth Circuit in June heard oral arguments in a separate challenge by other GOP states to the interim metrics, which a lower court dismissed for lack of standing.
"I would be surprised if it didn't ultimately make its way to the Supreme Court, given the politics and the volatility over the policy," Haynes and Boone, LLP energy litigation Partner Lauren Brogdon said.
Vehicle Emissions Litigation
In the latest battle over regulating greenhouse gases from the transportation sector, a group of Republican-led states is challenging the EPA's restoration of a California Clean Air Act waiver that permits the state to set its own greenhouse gas emissions standards and run a zero-emissions vehicle program. The waiver had been yanked by the Trump administration….
"It could affect everything from the construction of pipelines and facilities to environmental liability for spills, cleanup and remediation," Brogdon said of the case. "Really, the whole gamut of industry, beginning to end."
Excerpted from Law360. To read the full article, click here.
