For What It's Earth: ESG Headlines From Steptoe | Issue 23: May 10, 2023

Litigation

The US Supreme Court declined to hear five appeals concerning the appropriate jurisdiction for climate change lawsuits. Over the last six years, several US cities, states and counties have brought lawsuits in state courts seeking to recover damages they contend are due to climate change. Defendants in those lawsuits sought to move the cases to federal court, arguing that the claims raise federal issues. For now, the cases will proceed in state court, but it is unlikely that the Supreme Court's denial of certiorari will end the jurisdictional question as there remains a circuit split on the issue.

Legislation

New rules released with New York Governor Kathy Hochul's 2024 Budget phase out the use of fossil fuels in new buildings up to seven stories by 2026, and all other new buildings by 2029 (with certain exceptions). The restriction does not impact homes with existing gas appliances. New York is the first US state – but not city – to impose such