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12 Cases found

The Netherlands v. RWE and Uniper (Anti-Arbitration Injunctions)

At issue: The admissibility of intra-EU arbitrations under the Energy Charter Treaty.
Jurisdictions:
  • Germany
    • Higher Regional Court of Cologne
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RWE and Uniper v. the Netherlands (Ministry of Climate and Energy)

At issue: Whether energy companies Uniper and RWE can claim compensation for violation of their right to property under the ECHR as a result of the Prohibition of Coal in Electricity Production Act law that bans the use of coal in electricity generation by 2030.
Jurisdictions:
  • Netherlands
    • District Court North-Holland
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Communication to the OECD’s Arrangement on efforts to expand the Coal-Fired Electricity Generation Sector

At issue: Special Procedures ask Participants to the OECD’s Arrangement on Officially Supported Credit Arrangement to commit to immediately stopping to build and support new coal-fired power plants, and require existing coal fired plants to terminate by 2030 in high-income nations, and 2040 in middle income nations.
Jurisdictions:
  • United Nations
    • UN Special Procedures
      • United Nations Special Rapporteurs
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Altius Royalty Corporation et al. v. Her Majesty the Queen in Right of Alberta et al.

At issue: Whether, by virtue of requiring the phasing out of coal-fired electricity emissions, the defendants had de facto expropriated the plaintiffs’ royalty interest in coal from a coal mine in Alberta, Canada.
Jurisdictions:
  • Canada
    • Alberta Court of Appeal
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DS-412: Canada — Certain Measures Affecting the Renewable Energy Generation Sector

At issue: Whether Canada’s feed-in tariff program for electricity produced from renewable energy represents a violation of the national treatment provisions due to its local content requirements and whether it represents a prohibited subsidy.
Jurisdictions:
  • World Trade Organization
    • WTO Dispute Settlement Body
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DS-593: European Union — Certain measures concerning palm oil and oil palm crop-based biofuels

At issue: Whether EU’s renewable energy measures in respect of biofuels are discriminatory against palm-oil-based biofuels.
Jurisdictions:
  • World Trade Organization
    • WTO Dispute Settlement Body
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DS-600: European Union and Certain Member States – Certain Measures Concerning Palm Oil and Oil Palm Crop-Based Biofuels

At issue: Whether EU’s renewable energy measures in respect of biofuels are discriminatory against palm-oil-based biofuels.
Jurisdictions:
  • World Trade Organization
    • WTO Dispute Settlement Body
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Eco Oro Minerals Corp. v. Republic of Colombia

At issue: Claims arising out of a series of regulatory measures aimed at protecting the páramo ecosystem, affecting a company’s mining concession.
Jurisdictions:
  • International Centre for Settlement of Investment Disputes
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Lone Pine v. Canada

At issue: Claims arising out of the revocation by the Government of Quebec of claimant's permits for petroleum and natural gas exploration in the Utica shale gas basin.
Jurisdictions:
  • International Centre for Settlement of Investment Disputes
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Uniper v. the Netherlands

At issue: Whether the Netherlands' plan to phase out coal by 2030 violates the Energy Charter Treaty.
Jurisdictions:
  • International Centre for Settlement of Investment Disputes
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Westmoreland v. Canada

At issue: Whether a US company had been unlawfully excluded from a compensation scheme designed to protect investors in the Alberta coal industry following plans by Alberta’s provincial government in 2015 to phase out coal-fired power plants in the province by 2030.
Jurisdictions:
  • International Centre for Settlement of Investment Disputes
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RWE v. the Netherlands

At issue: Whether the Netherlands' plan to phase out coal by 2030 violates the Energy Charter Treaty.
Jurisdictions:
  • International Centre for Settlement of Investment Disputes
READ MORE

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.