Environment+Energy Leader’s Post

Our national environment law has a gaping hole at its heart. It still doesn't explicitly require the government to consider climate change or the destructive impact of climate pollution. Protecting nature from climate pollution must be a top priority in this reform and for the Federal Parliament. Head to our website to learn everything you need to know about fixing Australia's national environment law 🐨

WHAT WILL HAPPEN TO CURRENT EPA/ETC. REGS? The Supreme Court on Friday threw into question the future of climate and environmental regulation in the United States, scrapping a decades-old legal precedent that gave federal agencies leeway to interpret laws according to their expertise and scientific evidence. The impact of the decision to scrap the so-called Chevron deference will take years to become clear, but it could allow for far more legal challenges against regulations by agencies like the EPA and the Department of the Interior that have a huge role in the climate fight.  The court in several recent decisions has outlined its own standard for evaluating regulations. This standard, which the court’s conservative justices call the “major questions doctrine,” prohibits agencies from making rules on issues of “economic and political magnitude” without clear directives from Congress. The court has never outlined what constitutes an issue of such magnitude, but it cited the “major questions” test in a landmark 2022 case that limited the EPA’s authority to regulate greenhouse gases. https://lnkd.in/gefr4t3Z

This is big. See the highlights in the article.

This sweeping report by the UN Environment Programme, on the Environmental Rule of Law, looks at progress and current trends across the world. A few takeaways from me: ⚖ Environmental courts: We are starting to see countries establish specialist environmental courts. It would be great to see the UK follow this path. We have a long tradition of specific courts and lists, with expert judges and specially designed procedures. There seems an obvious need for one for environmental disputes. 👨👩👧👦 Standing: The oldest trick in the defendant book is to challenge the authority of claimants to bring environmental claims. We need clearer laws to ensure that big corporations and governments can be held to account for the damage that they cause, without hiding behind technical arguments about legal standing. 👨⚖️ Remedies: At the moment, most environmental claims are limited to out-of-date ways of calculating financial loss. But how do you put a price on the loss of a spiritual home or way of life? We should be looking at other models like restorative justice. 🌍 Extraterritorial jurisdiction: Another common defendant tactic in environmental claims is to dispute the courts jurisdiction to provide justice. We need more coordination between countries and an international framework to address the climate crises. The proposed new international crime of ecocide, on the same footing as crimes against humanity and prosecuted by the International Criminal Court, would be a good start. What else should the international community be doing to harness the rule of law for the protection of the planet? #environmentallaw #ESGrisk #litigation #climaterisk https://lnkd.in/ddr6a_T4

Coming off of the hottest year on record, policymaking and enforcement are becoming increasingly important in our country’s ongoing quest to balance environmental protection with consumer and industry interests. The infrastructure legislation and the Inflation Reduction Act of 2022 are both seen as major steps forward for U.S. federal climate law and our efforts to reduce emissions. On the heels of those bills have been a series of pieces of guidance related both to the implementation of those bills as well as agency guidance, including the SEC’s finalized climate disclosure rule. With so much happening in the U.S. alone, environmental practitioners, in-house counsel, and related professionals must stay current on these rapidly developing and significant legal changes. Join West LegalEdcenter, ALI CLE and a panel of environmental law experts and get up-to-date on climate change-related policy in the U.S. in 2024. Register: https://bit.ly/3X3d9wr

In the fourth alert in our series on the new National Environmental Policy Act (NEPA) regulations, we discuss CEQ’s revisions to rules concerning public involvement in the NEPA review process, including consideration of environmental justice concerns and procedures for Tribal coordination. #NEPA

In the fourth alert in our series on the new National Environmental Policy Act (NEPA) regulations, we discuss CEQ’s revisions to rules concerning public involvement in the NEPA review process, including consideration of environmental justice concerns and procedures for Tribal coordination. #NEPA

In the fourth alert in our series on the new National Environmental Policy Act (NEPA) regulations, we discuss CEQ’s revisions to rules concerning public involvement in the NEPA review process, including consideration of environmental justice concerns and procedures for Tribal coordination. #NEPA

In the fourth alert in our series on the new National Environmental Policy Act (NEPA) regulations, we discuss CEQ’s revisions to rules concerning public involvement in the NEPA review process, including consideration of environmental justice concerns and procedures for Tribal coordination. #NEPA

In the fourth alert in our series on the new National Environmental Policy Act (NEPA) regulations, we discuss CEQ’s revisions to rules concerning public involvement in the NEPA review process, including consideration of environmental justice concerns and procedures for Tribal coordination. #NEPA