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Guest Post: Climate Litigation in Japan: Citizens’ Attempts for the Coal Phase-Out

ClimateChange-ClimateLaw

On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants.

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Guest Commentary: New Italian Constitutional Reform: What it Means for Environmental Protection, Future Generations & Climate Litigation

ClimateChange-ClimateLaw

This post examines the reform and highlights the important changes it introduces to the Italian legal system. First, it provides solid legal ground for public bodies in Italy to steer economic activities to pursue environmental (and climate) objectives. This reform bears thus a two-fold implication. In Neubauer, et al.

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Shell litigation in the Dutch courts – milestones for private international law and the fight against climate change

Conflict of Laws

Applicable law is defined based on the Dutch conflict of laws rules on torts, namely art. 3(1) and (2) Wet Conflictenrecht Onrechtmatige Daad (see the first instance ruling at [4.10]). In the introduction we mentioned the English Supreme Court ruling in Okpaby v Shell [2021] UKSC 3 of February 2021.

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June 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The court denied, however, Connecticut’s motion for costs and fees, noting that several issues raised by Exxon were novel in the Second Circuit and that many relevant portions of district court rulings in other circuits had not been subject to appellate review until the Supreme Court’s recent decision in the Baltimore case.

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November 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The mining company’s emergency motion after the August 2017 order asked the court to amend its judgment and stay the injunction. In addition, the court found that the company had failed to show that the alleged RICO violations proximately caused injury to its business or property. Energy & Environment Legal Institute v.

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February 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit to hold the cases in abeyance was to allow the federal district for the District of Columbia to resolve cases challenging NHTSA’s action that raise similar legal issues. The district court scheduled a hearing for April 16, 2020 to consider the defendants’ motion to dismiss or transfer those cases. Williams , No.