Climate Change: Judge Dismisses Lawsuit Seeking to Hold Fossil Fuel Companies Liable for Climate Change 
On August 6, 2025, the Court of Common Pleas for the Ninth Judicial Circuit dismissed a claim seeking to hold fossil fuel companies liable for climate change. City of Charleston v. Brabham Oil Co. et al. , No. 2020-CP-10-03975 (S.C. Ct. Com. Pl. 2025). In the initial lawsuit, the City of Charleston alleged that the actions of producing, distributing and selling fossil fuels by major companies, including Brabham Oil, Chevron, and BP, led to increased flooding, higher temperatures, and more damaging storms. Id. at 7. Charleston alleges that these environmental factors harmed the city, and as such the defendants are liable. However, a South Carolina Court of Common Pleas judge dismissed the lawsuit, reasoning that the claim was precluded by federal law, as South Carolina Law cannot apply since the lawsuit and subsequent judgment would affect other states. Further, the court stated that the Clean Air Act (CAA) “preempts state law to the extent a state attempts to regulate air pollution originating in other states.” Id. at 21. Finally, the court determined that the claim is time-barred by South Carolina law, the court lacks personal jurisdiction, and the claim fails to make the requisite elements. As such, the lawsuit is dismissed.
Wildlife Habitat: Court Rules Endangered Status of the Lesser Prairie Chicken is Invalid
On August 12, 2025, the United States District Court for the Western District of Texas issued an omnibus order granting the Fish and Wildlife Service’s (FWS) motion to remove the Lesser Prairie Chicken’s (LPC) endangered and threatened status. In 2014, the FWS determined that the LPC was an endangered species, but after a challenge that determination was vacated. Then in 2022, after numerous opportunities for public comment, the FWS finalized a rule listing the LPC as endangered. Due to the LPC’s location in the Great Plains, where oil and gas development is abundant, the FWS included a plan outlining responsible oil and gas development practices. However, the State of Texas and the Permian Basin Petroleum Ass’n. challenged the 2022 rule. The court determined that the LPC should not be endangered, reasoning that the FWS did not consider all the important aspects of the question at hand, and as such the determination was inadequate. The court vacated and remanded the rule back to the FWS, to further determine if the LPC is endangered.
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CENTER PROGRAMS & RESOURCES
2025 Pennsylvania Agricultural Law Symposium
On Thursday, September 18, 2025, the Center for Agricultural and Shale Law will host the 2025 Pennsylvania Agricultural Law Symposium in-person at Penn State Dickinson Law, Lewis Katz Building in University Park, Pa.
This day-long symposium will offer 1 ethics and 5 substantive PACLE credits for Pennsylvania-licensed attorneys. Lunch and refreshments provided!
- September 18th. More Information and Registration Here
Follow us on Twitter @AgShaleLaw to see the latest with our #ShaleLaw HotLinks
Connect with us on Facebook.
Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.
Oil & Gas Law & Policy Resources:
Wewerinke-Singh, Harmonizing Sources, Hardening Duties – Inside the ICJ’s Advisory Opinion on Climate Change (August 11, 2025)
Sartain, Oral Promises, Paper Truths in a Texas Mineral Transaction (August 12, 2025)
Tigre, Martini, Cohen and Rocha, A Panoply of Consequences? Remedies and Reparations in the ICJ’s Climate Opinion (August 13, 2025)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF ENERGY PRESS RELEASES
Department of Energy Announces Initial Selections for New Reactor Pilot Program (August 12, 2025)
Energy Department Announces Actions to Secure American Critical Minerals and Materials Supply Chain (August 13, 2025)
U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES
EPA Region 2 Highlights Accomplishments Since April (August 11, 2025)
EPA Visit to Power Plant in Astoria Highlights Industry Efforts to Strengthen U.S. Energy Independence (August 11, 2025)
United Nuclear Corporation and General Electric to Perform $63 Million Cleanup of Uranium Mine Waste at Northeast Church Rock Mine in Navajo Nation (August 11, 2025)
At Iowa State Fair, EPA Administrator Zeldin Announces Diesel Exhaust Fluid (DEF) Fix (August 12, 2025)
EPA Announces Relaunch of Comprehensive Guidance Document Website, Advances Total Transparency of Trump Administration (August 13, 2025)
EPA Orders Archer Daniels Midland to Ensure Environmental Compliance of Carbon Sequestration Well in Decatur, Illinois (August 13, 2025)
WHAT THEY ARE SAYING: Leaders Throughout the Country Commend EPA’s Announcement on Diesel Exhaust Fluid (August 14, 2025)
FEDERAL EXECUTIVE AGENCIES (Federal Register July 21 – 28, 2025)
Environmental Protection Agency
90 FR 38619 Proposed Rule: “North Dakota: Approval of State Coal Combustion Residuals Permit Program; Reopening of Comment Period” (August 11, 2025)
90 FR 38975 Notice: “Financial Assurance Guidance for the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024” (August 13, 2025)
90 FR 39132 Rule: “Approval and Promulgation of State Implementation Plans; New York; Emission Statement Certification of the 2008 and 2015 Ozone National Ambient Air Quality Standards” (August 14, 2025)
Energy Department
90 FR 39187 Notice: “Notice of the Department of Energy Freedom of Information Act (FOIA) “Still Interested” Inquiry” (August 14, 2025)
Land Management Bureau
90 FR 38659 Notice: “Notice of Public Hearing and Request for Comments on the Fair Market Value and Maximum Economic Recovery for the Little Eccles Coal Lease by Application, UTU-92226, in Emery County, Utah” (August 11, 2025)
90 FR 38988 Notice: “Notice of Intent To Prepare an Environmental Impact Statement for the Proposed South Railroad Mine Project, Elko County, Nevada” (August 13, 2025)
90 FR 38987 Notice: “Proposed Reinstatement of Terminated Oil and Gas Leases in Las Animas and Weld Counties, CO” (August 13, 2025)
Natural Resources Revenue Office
90 FR 38938 Rule: “Offshore Distribution Cap Changes” (August 13, 2025)
Pipeline and Hazardous Materials Safety Administration
90 FR 39033 Notice: “Pipeline Safety: Information Collection Activities” (August 13, 2025)
Safety and Environmental Enforcement Bureau
90 FR 38662 Notice: “Agency Information Collection Activities; Open and Nondiscriminatory Access to Oil and Gas Pipelines Under the OCS Lands Act” (August 11, 2025)
90 FR 38935 Rule: “Offshore Downhole Commingling Regulatory Updates” (August 13, 2025)
90 FR 38705 Rule: “Rescission of Expired 1-Year Grace Period for Data Extensions” (August 12, 2025)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES
DEP Declares Code Orange Air Quality Action Day for Ozone for Tuesday August 12, 2025, in the Philadelphia Area (August 12, 2025)
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 29 – July 19, 2025)
Written by:
Benjamin Aronovitch, Research Assistant
Caden Dean-Sauter, Research Assistant
Jackie Schweichler, Staff Attorney
