November 2026 Climate Litigation Updates: Multnomah County, NYC Greenwashing, and Brazil Flood Cases

Sabin Center's latest monthly climate litigation roundup covers key court decisions from the U.S. and Brazil. In Oregon, Multnomah County's $51 billion suit against fossil fuel companies survived most motion to dismiss challenges, with the court rejecting arguments that the Clean Air Act preempts state tort claims. In New York, an appellate court affirmed dismissal of the city's greenwashing lawsuit, finding that consumers understand gasoline produces emissions. Meanwhile, Brazilian prosecutors filed a civil action against Shell seeking damages for floods linked to climate change, using attribution science to assign a share of liability. Other updates include a Fourth Circuit ruling upholding a Clean Water Act permit for a Charleston development, and a Sixth Circuit stay allowing TVA to continue construction of a gas-fired plant while appealing NEPA violations. These cases illustrate the evolving landscape of climate litigation, where courts are testing the limits of liability, causation, and environmental review.