Environment & Energy Trending Topics

To help with your writing efforts, here’s what people are looking for in Environmental & Energy Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

Will Biden’s Ban on Offshore Drilling Hold Up? 

Consider writing about:

A ban announced by President Biden on Jan. 6 on new leases for offshore oil and gas drilling; areas to which the ban applies, and when it is to take effect; what the action means for oil companies’ existing leases; authority under which President Biden invoked the ban; what to know about the 1953 Outer Continental Shelf Lands Act; whether Congress or the incoming Trump administration could modify or overturn the ban; and perhaps a related look at business and legal trends involving offshore drilling nationwide, either recently or in the context of a comparison between the Biden administration and the first Trump administration.

Related information:

https://www.whitehouse.gov/briefing-room/statements-releases/2025/01/06/statement-from-president-joe-biden-on-protecting-americas-ocean-and-coasts-from-offshore-oil-and-gas-drilling

https://www.cnn.com/2025/01/03/business/offshore-drilling-ban-biden/index.html

What Does N.Y. Climate Superfund Law Mean for Energy Companies? 

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Legislation signed by New York’s governor last month, establishing a “Climate Superfund;” when the law takes effect and what companies and activities it applies to; what the new law could mean for energy companies’ potential liability risks and associated obligations; whether other states have, or are considering, similar measures; potential for legal challenges to these types of state laws.

Related information:

https://www.governor.ny.gov/news/governor-hochul-signs-landmark-legislation-creating-new-climate-superfund

Environmental and Energy Highlights of 2024: Your Call 

Consider writing about:

Your choice of three or more noteworthy developments or trends in the energy or environmental arena from the past year. Take your pick of lawsuits, rulings, regulatory actions, legislation, or other developments, either nationally or in the region of your choice, with added information, as you see fit, regarding compliance obligations, liability risks, best practices, or other potential implications in the near or longer term, whether for a specific industry or more generally speaking.

How States Are Tackling Wildfire Risks 

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How states are responding to increased risk of serious wildfires and associated damage to commercial or residential properties; related issues involving property owner obligations pertaining to property modifications, upkeep, disclosures, or other responsibilities; any new bans, limitations, or other restrictions on new construction; how the real estate industry and construction industry are responding to increased concerns over wildfires.

Implications of Montana Supreme Court Ruling in Climate Change Case 

Consider writing about:

A Dec. 18 ruling by the Montana Supreme Court in a climate change case; basis for the ruling; implications for the energy industry and for existing or future legal claims regarding climate change; how the Montana ruling compares to climate change rulings in other jurisdictions.

Related information:

https://www.bozemandailychronicle.com/news/montana-supreme-court-affirms-decision-in-held-historic-youth-climate-case/article_f1140720-bd79-11ef-906e-8b85e5409511.html

How to Address Environmental Risks Before or After a Real Estate Purchase 

Consider writing about:

Environmental liabilities that can arise when buying real estate; red flags to watch for during or prior to negotiations and a possible purchase; applicable disclosure requirements; how to determine potential risk areas; contract terms that may provide protection to a buyer in the event that some warning signs are overlooked; additionally or alternatively, how to minimize environmental liability following a completed real estate purchase; any instructive rulings or related regulatory actions that may help illustrate these points; any additional practical guidance regarding purchaser obligations and the due diligence process.

Cybersecurity Risks, Challenges for Water Supply Systems 

Consider writing about:

A recent report by the Office of the Inspector General of the U.S. Environmental Protection Agency; what the report concludes regarding the safety of the nation’s drinking water supply and risks of cyberattacks against drinking water systems; how government agencies are addressing cyberthreats to these systems; related obligations on the part of system operators.

Related information:

https://www.epaoig.gov/reports/other/management-implication-report-cybersecurity-concerns-related-drinking-water-systems

Appeals Court Overturns Landmark Ruling Against Shell 

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A November ruling by a Dutch appeals court, which overturned a landmark ruling that ordered Shell to cut its carbon emissions; basis for the appeals court’s ruling; where the litigation against the energy company may go from here; related climate-change litigation trends (in Europe or more widely speaking) and practical takeaways for the energy sector.

Related information:

https://www.npr.org/2024/11/12/g-s1-33817/shell-dutch-appeals-court-overturns-climate-ruling-carbon-emissions

Maine Sues Fossil Fuel Companies Over Climate Change 

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A lawsuit filed by the state of Maine against major fossil fuel companies over their alleged impacts on the climate; key claims in the lawsuit; remedies being sought by the Maine litigation; status of other states’ climate-related lawsuits against fossil fuel companies, and any noteworthy outcomes, interim developments, or trends stemming from those lawsuits.

Related information:

https://www.maine.gov/ag/news/article.shtml?id=13129752

What’s Ahead for the EPA Under Trump 2.0? 

Consider writing about:

Likely shakeups ahead for the U.S. Environmental Protection Agency after Donald Trump returns to the Oval Office. What to watch for, in terms of EPA leadership changes, policy shifts, enforcement actions, court cases, priorities, and other matters.

Are Dark Days Looming for Green Energy in the United States? 

Consider writing about:

The prospects for green energy endeavors in the wake of the U.S. election results, and what actions by the first Trump administration may indicate about the likely lay of the land for green energy in the months and years ahead. Decide whether to go wide-angle on this topic, or whether to focus on a particular sector or more specific matter, such as wind or solar energy, electric cars, research and development, or the potential for intra-party political wrangling and push-back over home-state concerns.

How Sustainability Claims Can Expose Businesses to Risk 

Consider writing about:

Liability risks related to companies’ sustainability claims; legal actions or other pressures by consumers, investors, activist groups, regulators, or others regarding the accuracy of companies’ sustainability claims; any noteworthy rulings or enforcement actions on this front; related best practices for companies.

How Warehouse Operations Are Raising Environmental Concerns 

Consider writing about:

Legal trends involving pollution stemming from warehouse operations; how this issue is attracting attention from regulators or others on the state or federal level; what the logistics industry and affiliated businesses should know about potential environmental-related liability risks.

Related information:

https://www.epa.gov/newsreleases/epa-approves-south-coast-aqmds-groundbreaking-rule-reduce-southern-california-air

Election Day, the Environment, and the Energy Industry: What to Watch For 

Consider writing about:

Election Day’s potential implications for the environment, the energy industry, and related legislation, litigation, or enforcement actions. What are the stakes this year for key players, and how might the election results tilt the scales? Consider whether to focus on a particular political race, government agency, regulatory trend, or industry activity.

Walmart Inc. to Pay $7.5 Million Over Hazardous Waste Disposal 

Consider writing about:

A $7.5 million settlement that Walmart Inc. will pay to resolve allegations regarding its methods of disposing hazardous waste and medical waste; additional points in the settlement regarding an outside auditor; what this case illustrates regarding companies’ compliance obligations or liability risks pertaining to waste disposal; related trends involving federal or state enforcement actions (in the industry or region of your choice, or more broadly speaking).

Related information:

https://oag.ca.gov/news/press-releases/attorney-general-bonta-announces-75-million-settlement-walmart-illegal-disposal

Record-Setting Settlement Reached in Clean Air Act Case 

Consider writing about:

A record-setting $4.2 million settlement reached by the U.S. Environmental Protection Agency in a Clean Air Act case; factors contributing to the record-setting dollar amount of the settlement; what else to know about the refinery explosion and fire that led to EPA allegations against Philadelphia Energy Solutions Refining and Marketing and the resulting series of settlements; and perhaps a look at noteworthy EPA actions against other refineries or at Clean Air Act enforcement trends more broadly speaking.

Related information:

https://www.phillyvoice.com/philly-refinery-explosion-epa-settlement-record-clean-air-act

California Takes Another Crack at Plastic Bag Ban 

Consider writing about:

California’s new move to ban single-use plastic grocery bags; how this ban compares to previous efforts by California to reduce the proliferation of plastic bags; how other states are handling this issue, either vis a vis the grocery industry specifically or more generally speaking; and perhaps a wider-angle look at the challenges jurisdictions face in trying to reduce plastic waste, and any innovations being tried by policymakers, industry, or inventors to reduce plastic waste or replace plastics with other materials.

Related information:

https://www.npr.org/2024/09/25/nx-s1-5123535/california-passes-new-plastic-bag-ban

Hawaii Supreme Court Sides With Insurers in Climate Change Case 

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A recent ruling by the Hawaii Supreme Court in an insurance dispute involving climate change; basis for the ruling; what’s next for this dispute; any practical takeaways from this ruling for other policyholders; related insurance industry trends and rulings involving climate change, insurance coverage, and exclusions.

Related information:

https://www.businessinsurance.com/hawaii-high-court-say-aig-units-need-not-defend-against-climate-change-suits

California Sues ExxonMobil Over Plastic Recycling Statements 

Consider writing about:

A lawsuit filed against ExxonMobil by California’s attorney general and others over the recyclability of plastic products and the energy giant’s history of statements on that issue; key claims in the lawsuit; how unusual this lawsuit and its arguments may be; likely challenges ahead for either side in this legal battle; and perhaps a wider-angle look at the challenges that municipalities face in dealing with plastics in their recycling or landfill operations, and/or a look at any innovative technologies or systems being funded, proposed, or already implemented (in the jurisdiction of your choice) as part of an attempt to reduce plastic waste or its impact on the environment.

Related information:

https://oag.ca.gov/news/press-releases/attorney-general-bonta-sues-exxonmobil-deceiving-public-recyclability-plastic

CFTC Releases Final Guidance on Carbon Credit Derivatives 

Consider writing about:

Carbon credit-related guidelines approved this month by the U.S. Commodity Futures Trading Commission; main focus of the final CFTC guidance; key priorities or issues the guidance aims to address; and perhaps a related look at business, legal, or regulatory trends involving voluntary carbon credits.

Related information:

https://www.cftc.gov/PressRoom/PressReleases/8969-24

Tyson Foods in Hot Seat Over Climate Claims 

Consider writing about:

A lawsuit against Tyson Foods over the meat producer’s climate-related claims in its product marketing and otherwise; what to know about the environmental claims made by the company; basis for the lawsuit over the company’s statements; related trends involving greenwashing allegations against companies; best practices for other businesses in an era of increased attention to companies’ environmental record.

Related information:

https://www.cbsnews.com/news/tyson-foods-greenwashing-climate-change-jbs

What’s Happening With California’s Climate Disclosure Laws? 

Consider writing about:

The status of California’s climate disclosure requirements; political wrangling over this groundbreaking legislation; the latest on approved or proposed amendments to the legislation; what the business community should be watching for from California legislators and Gov. Gavin Newsom.

Related information:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB219

Implications of South Korea’s Climate Change Ruling 

Consider writing about:

A recent climate change ruling by South Korea’s top court; significance of this ruling, both for South Korea itself and for Asia, more generally; what the ruling could mean for future government action regarding climate change; how the South Korea ruling compares to a recent European ruling about the Swiss government’s failure to do enough to combat climate change; how the human rights argument is becoming a key focus of climate change litigation.

Related information:

https://www.reuters.com/world/asia-pacific/south-korean-constitutional-court-says-climate-law-needs-more-future-emissions-2024-08-29

SEC Scalds Keurig Over Company’s K-Cups 

Consider writing about:

A $1.5 million penalty that Keurig has incurred in connection with its K-Cup single-use coffee pods; basis for charges by the U.S. Securities and Exchange Commission; what other businesses can learn from this case as it relates to their own environmental policies, practices, and statements.

Related information:

https://www.sec.gov/newsroom/press-releases/2024-122

EPA Proposes Sweeping Limitations for Widely Used Solvent 

Consider writing about:

A proposed rule announced in July by the U.S. Environmental Protection Agency regarding solvent 1-bromopropane (1-BP); how widely used this product is, whether by businesses or consumers; reasons for the EPA’s proposal to ban most such uses; workplace safety issues related to use of this solvent, and what the proposed EPA rule could mean for employer obligations; what to know about the EPA’s rulemaking process and the Toxic Substances Control Act.

Related information:

https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-1-bromopropane-1-bp

Successor Liability Involving Environmental Cleanup Costs [Ongoing] 

Consider writing about:

Successor liability for environmental cleanup costs; state or federal regulations that businesses (in the industry or jurisdiction of your choice) need to be aware of; any recent or otherwise noteworthy court cases involving environmental cleanup costs; additional guidance on meeting compliance obligations, minimizing liability risks, and/or environmental issues to be aware of in connection with M&A activity.

$4B in Funding Announced by EPA for Climate Change Projects 

Consider writing about:

A recent announcement by the U.S. Environmental Protection Agency of $4.3 billion in funding that will be distributed under the Climate Pollution Reduction Grants program; range of initiatives being financed; how the initiatives will be overseen and their progress or long-term results assessed; what to know about the Climate Pollution Reduction Grants program, its origins, history, and focus; any future opportunities for additional rounds of funding; related eligibility and application pointers.

Related information:

https://www.epa.gov/newsreleases/biden-harris-administration-announces-43-billion-grants-community-driven-solutions-cut

D.C. Circuit Rebuffs Industry Challenge to EPA’s Ethylene Oxide Rule 

Consider writing about:

A D.C. Circuit ruling in a manufacturer lawsuit that challenged an Environmental Protection Agency rule targeting chemical plants’ cancer-causing emissions; basis for the lawsuit; key points from the appeals court’s ruling; the ruling’s significance for the EPA’s authority and rule-making process, especially in a post-Chevron landscape.

Related information:

https://www.cadc.uscourts.gov/internet/opinions.nsf/8D6EE3303E8F039B85258B78004EB149/$file/23-1045-2069636.pdf

$4 Billion Settlement Reached Over Maui Wildfires 

Consider writing about:

A more than $4 billion global settlement reached over last year’s deadly wildfires on Maui; what the settlement achieves; how money will be paid out and to whom; any unresolved questions regarding compensation, claims, the local utility, insurance, and more; and perhaps a look at related trends involving wildfire incidents, settlements, and guidance on prevention, damage mitigation, or recovery.

Related information:

https://www.cbsnews.com/news/maui-lahaina-wildfire-victims-reach-4-billion-dollar-settlement