While Trump’s freeze on offshore wind permits faces legal challenge, a federal judge isn’t convinced the states bringing the case have shown enough harm. In this article, guest contributor Justin Ward explains why the motion for an injunction was denied, what it means for the broader battle over renewable energy, and how executive power could stall green infrastructure without ever breaking the law.
Tim Zyla examines the high-stakes legal battle between New York and a coalition of 22 states, led by West Virginia, over the state’s newly enacted Climate Change Superfund Act. The law requires energy producers to pay $75 billion over 25 years to fund climate damage recovery efforts. The lawsuit, filed in federal court, argues that New York’s law is unconstitutional, overreaches state authority, and unfairly targets out-of-state energy companies. Plaintiffs claim the Act violates multiple constitutional provisions, including the Commerce Clause, Due Process, and Equal Protection Clauses, as well as federal environmental law. Meanwhile, a pro se West Virginia resident has filed a motion to dismiss the case, defending New York’s actions as necessary for public health and climate accountability. Zyla highlights how this case could set a major precedent for state-level climate initiatives and corporate liability for environmental damage.
The Ninth Circuit Court of Appeals recently struck down Berkeley, California's ban on natural gas infrastructure in new buildings as a violation of federal law. As we will continue to see more such bans, our guest shares insights on how similar cases may be treated -- and much more.
Offshore Wind Power Initiatives with Jack Smith Joining me to discuss this important subject is Jack Smith, a partner with Nelson Mullins in Charleston, South Carolina. Jack's practice includes hazardous waste site management and remediation, contaminated property liability negotiation, litigation, redevelopment and related regulatory counseling. He has also worked for several state and federal government environmental agencies. Jack earned his JD from the University of South Carolina School of Law and a BS in Psychology, also from the University of South Carolina. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Jack is, please drop me a note at Editor@LitigationConferences.com. This interview is based in part on an article Jack is writing for the Journal. I hope you enjoy the interview, and especially my solution for preventing birds from flying into windmills. I'm going to be rich. --Tom Hagy President Biden has called for the doubling of offshore wind energy capacity by 2030. To say the process for getting such projects up and running is complex is an understatement. There will be plenty of obstacles to the administration's lofty [...]
