Climate Change & Resiliency
New York Court of Appeals Denies Exxon Mobil’s Motion to Appeal in Ongoing Climate Change Investigation by New York Attorney General
On September 12, 2017, the New York Court of Appeals denied Exxon Mobil’s motion for leave to appeal a decision of the Appellate Division, First Department, which had held that the accountant-client privilege is not recognized in New York and therefore does not protect documents held by PricewaterhouseCoopers (“PwC”), Exxon’s auditor, from subpoena by New…
State and Local Leaders Fight to Uphold America’s Paris Accord Climate Commitments with “America’s Pledge”
By: Zachary Berliner Last month, former New York City Mayor Michael Bloomberg and California Governor Jerry Brown launched “America’s Pledge,” an initiative which builds on recently-formed partnerships of American states, cities, and businesses committed to upholding the United States’ pledged greenhouse gas (“GHG”) reductions under the Paris climate agreement (including the “We Are Still In”…
Second Circuit Decision Provides States Latitude to Enact Renewable Energy Incentive Programs
On June 28, 2017, in Allco Finance Ltd. v. Klee, the U.S. Court of Appeals for the Second Circuit rejected two related challenges alleging that Connecticut programs pertaining to renewable energy generation violated federal law, bolstering states’ flexibility to craft renewable energy incentive programs. In doing so, the Second Circuit became the first federal court…
Suniva Petition for Tariff on Solar Cell and Panel Imports Threatens Progress of U.S. Solar Development
Although much attention has been focused on the U.S. withdrawal from the Paris Accord, the greatest current threat to solar development in the U.S. is a petition for an import tariff filed earlier this year by Suniva, a solar cell and panel manufacturer in the state of Georgia. Suniva’s petition was filed with the U.S….
New York State Unveils Methane Reduction Plan
Earlier this month, New York Governor Andrew Cuomo’s administration released its Methane Reduction Plan (the “Plan”), setting forth 25 priority actions to reduce methane emissions as part of New York State’s efforts to reduce greenhouse gas emissions 40% by 2030 and 80% by 2050, as compared to 1990 levels. While the State continues its efforts…
Executive Order Begins the Formidable Process of Dismantling Federal Efforts to Address Climate Change
On March 28, 2017, President Trump signed an Executive Order, titled “Promoting Energy Independence and Economic Growth,” that is designed to roll back several of President Barack Obama’s efforts to address climate change. While some of the Executive Order’s provisions are self-executing, many will require lengthy administrative procedures to become effective and certainly will face…