Environment, Land & Resources

Regional US Transportation & Climate Initiative Program Comes to an End

Posted in Air Quality and Climate Change

A multistate cap-and-invest program to reduce carbon emissions from the transportation sector is dead after several participating states pulled out.

By Jean-Philippe Brisson, Joshua T. Bledsoe, Benjamin Einhouse, and Brian McCall

Less than one year ago, the governors of Massachusetts, Rhode Island, and Connecticut, as well as the mayor of the District of Columbia, announced that their respective jurisdictions would establish the Transportation & Climate Initiative Program (TCI-P) and released a memorandum of understanding (MOU) describing the agreed-upon principles for adoption and implementation of a regional program aimed at reducing carbon emissions from the transportation sector. But in the past two weeks, three of the four jurisdictions that signed the MOU have pulled out, effectively terminating the TCI-P. Continue Reading

US Supreme Court Decision May Affect NRD Trusteeship Determinations

Posted in Environmental Litigation, Water Quality and Supply

The decision could complicate states’ ability to pursue groundwater natural resource damages actions.

By Kegan A. Brown, Gary P. Gengel, Thomas C. Pearce, and Taylor R. West

On November 22, 2021, the US Supreme Court held that equitable apportionment applies to a dispute between states about their respective interests in groundwater that flows through multiple states in Mississippi v. Tennessee.[1] The decision may have implications for natural resource damages (NRD) claims. Natural resource trustees often assert claims to pursue damages to groundwater. In assessing these claims, courts often must determine (1) whether the trustee has a trusteeship interest in the groundwater resource at issue, and (2) if so, the extent of the trustee’s interest in that groundwater resource relative to the interests of other trustees in the same groundwater. Continue Reading

COP26: Key Takeaways From the Glasgow Summit

Posted in Air Quality and Climate Change

The Glasgow conference was praised as a huge step forward in tackling climate change, but also drew criticism for not going far enough.

By Jean-Philippe Brisson, Paul A. Davies, Michael D. Green, and James Bee

Between 31 October and 12 November 2021, Glasgow hosted the 26th annual Conference of Parties (COP26) to the United Nations Framework Convention on Climate Change (UNFCCC), held under the presidency of the UK. Governments, corporations, academics, social groups, and other members of civil society converged with the aim of working together at the international level to tackle climate change. Continue Reading

TCFD Releases New Guidance on Climate-Related Metrics, Targets, and Transition Plans

Posted in Air Quality and Climate Change

The guidance offers clarification on key aspects of the TCFD’s recommendations on climate reporting.

By Paul A. Davies, Michael D. Green, and James Bee

On 14 October 2021, the Task Force on Climate-related Financial Disclosures (TCFD) released a new guidance document on climate-related metrics, targets, and transition plans (the Guidance). The Guidance seeks to support organisations that make TCFD-aligned disclosures in preparing decision-useful metrics, targets, and transition plan information and linking that information to estimates of financial impact. The Guidance builds on a consultation paper on the same topic that the TCFD released in June 2021. Continue Reading