Environmental Law & Climate Change Community

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1	The race to stop mountaintop coal mining	9809
2	Statute Of Limitations Began With Mesothelioma Diagnosis, Judge Says	7946
3	LexisNexis Top 50 Blogs for Environmental Law & Climate Change – 2011 Nominations	5327

California Attorney General seeks to limit scope of "public interest" releases in Prop. 65 settlements

California's Proposition 65 ( Sections 25249.5 et seq Health & Safety Code ) is an unusual regulatory scheme. Lawsuits may be filed by private individuals. Plaintiffs are not required to have standing. The law only addresses a warning requirement;...

Published Sat, Jan 28 2012 7:44 PM by Thomas H. Clarke, Jr.

Filed under: Thomas Clarke, exposure, standing, birth defects, Proposition 65, settlement, carcinogen, release, Prop. 65, guidance, public interest

Colorado District Attorney lacks standing to bring citizen suit under Clean Water Act

A local Colorado district attorney, among others, filed suit against a city for allegedly discharging pollutants into a creek in violation of the CWA. The District Court granted the city's motion for summary judgment on the ground that the district...

Published Mon, Oct 24 2011 8:15 PM by Thomas H. Clarke, Jr.

Filed under: pollution, Thomas Clarke, clean water, Clean Water Act, standing, discharge, CWA, civil penalties, parens patriae, Article III, pollutant, associational standing

Environmental Citizen Groups Have No Standing to Challenge Climate Change Impacts of Federal Actions

By Gabrielle Sigel, Partner, Jenner & Block Two U.S. district courts recently issued separate decisions rejecting environmental groups' challenges to federal actions based on alleged climate change injuries. In both cases, using the same legal...

Published Tue, Oct 4 2011 11:52 AM by Gabrielle Sigel

Filed under: climate change, greenhouse gases, global warming, standing, Virginia, Gabrielle Sigel, Jenner Block, Amigos Bravos, redressability, Sierra Club, Bureau of Land Management, New Mexico

Gifford v. USGBC - Dismissed (But Not on the Merits)

By J. Wylie Donald, Partner, McCarter & English One of the more infuriating things about lawyers is that often, if they do their job right, their client wins and no one else benefits from it. This is what happened on August 15 before Judge Sand in...

Published Thu, Sep 1 2011 10:29 AM by J. Wylie Donald

Filed under: standing, energy efficiency, green buildings, J. Wylie Donald, McCarter English, Gifford v USGBC, Lanham Act, commercial misrepresentations, Southern District of New York, LEEDS

Legal Group Urges Court to Dismiss “Climate Change” Suit

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation July 29, 2011 - DENVER, CO. A Colorado nonprofit, public-interest legal foundation today urged a Colorado state court to dismiss a lawsuit filed by minors...

Published Mon, Aug 1 2011 11:19 AM by William Perry Pendley

Filed under: climate change, CO2, global warming, carbon dioxide, standing, common law, carbon emissions, WildEarth Guardians, public trust doctrine, William Perry Pendley

Podcast - Legal News - Supreme Court Holds Clean Air Act and EPA Trump State Nuisance Lawsuits - AEP v. Connecticut

The U.S. Supreme Court reverses a 2nd Circuit ruling allowing states' lawsuits over greenhouse gas emissions, and the high court reverses certification of a WalMart gender class. Listen to the third story on the podcast for this historic greenhouse...

Published Tue, Jun 21 2011 12:12 PM by LexisNexis Environmental Law Community Staff

Filed under: climate change, greenhouse gases, carbon dioxide, EPA, clean air act, standing, political question, public nuisance, preemption, AEP v. Connecticut

Today's Supreme Court Decision in AEP v. Connecticut

Here is my instant analysis of the decision just issued by the Supreme Court in American Electric Power v. Connecticut , the case in which several states and others sought a court order requiring several large electric utilities to reduce their greenhouse...

Published Mon, Jun 20 2011 5:55 PM by Michael B Gerrard

Filed under: climate change, greenhouse gases, carbon dioxide, EPA, clean air act, standing, political question, public nuisance, preemption, AEP v. Connecticut

United States Supreme Court Reverses Second Circuit Decision that Permitted States’ Lawsuits Over Greenhouse Gases

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 unanimously reversed a Second Circuit U.S. Court of Appeals ruling that allowed five states to pursue lawsuits under the Clean Air Act (CAA) that sought court-imposed limits on the greenhouse...

Published Mon, Jun 20 2011 4:51 PM by Shane Dilworth

Filed under: climate change, greenhouse gases, carbon dioxide, EPA, clean air act, standing, political question, public nuisance, preemption, AEP v. Connecticut

D.C. Circuit upholds California's GHG law against challenge, finding that the U.S. Chamber and NADA both lacked standing

Prior posts have followed the development of California's greenhouse gas law. The U.S. Chamber of Commerce challenged EPA's 2009 waiver which allowed California to regulate GHG emissions. In Chamber of Commerce of the United States et al v. EPA...

Published Mon, May 9 2011 3:24 PM by Thomas H. Clarke, Jr.

Filed under: climate change, greenhouse gases, global warming, EPA, California, clean air act, GHG, standing, Chamber of Commerce of the United States, clean cars, waiver

Columbia Law School Center for Climate Change Law: AEP v. Connecticut – The Reply Briefs

By Daniel Firger, Associate Director, Center for Climate Change, Columbia Law School On April 11, 2011, petitioners in American Electric Power v. Connecticut , five private investor-owned utility companies, filed their reply brief . On the same day, the...

Published Wed, Apr 27 2011 6:04 PM by Daniel Firger

Filed under: climate change, greenhouse gases, global warming, standing, political question, preemption, public nuisances, federal common law, Daniel Firger, AEP v. Connecticut

Electric Utilities and States Present Oral Arguments in Supreme Court on Second Circuit Ruling on Power Plant Emissions

WASHINGTON, D.C. - (Mealey's) On Tuesday, April 19, The U.S. Supreme Court heard oral arguments over whether it should uphold a Second Circuit ruling reinstating two lawsuits brought by eight states seeking to limit emissions from five power companies...

Published Thu, Apr 21 2011 3:47 PM by Shane Dilworth

Filed under: greenhouse gases, global warming, EPA, clean air act, standing, political question, emissions, nuisance

U.S. High Court Agrees To Take Up Case Over Energy Companies' Emissions

WASHINGTON, D.C. -- (Mealey's) The nation's high court on Dec. 6 granted a petition for certiorari filed by five power companies seeking review of a Second Circuit U.S. Court of Appeals ruling reinstating two Clean Air Act (CAA) lawsuits brought...

Published Wed, Dec 8 2010 12:16 PM by Shane Dilworth

Filed under: climate change, greenhouse gases, global warming, carbon dioxide, clean air act, power plants, standing, emissions, U.S. Environmental Protection Agency, American Electric Power Company Inc. v. State of Connecticut

5th Circuit Punts on Global Warming Case, Prolonging Legal Limbo

By John G. Nevius, Shareholder, Anderson Kill & Olick P.C. On May 28, the U .S. Court of Appeals for the 5th Circuit punted in a most unusual manner in a closely watched global warming suit, Comer v. Murphy Oil, et al . The case was brought by landowners...

Published Thu, Jun 10 2010 11:44 AM by John G. Nevius

Filed under: climate change, greenhouse gases, global warming, en banc, standing, political question, appeal, dismissal, John Nevius, Fifth Circuit, Comer v Murphy Oil, Hurricane Katrina

Fifth Circuit Dismisses Comer v. Murphy Oil — A Victory for Industry In Climate Change Tort Litigation?

By Douglas A. Henderson, Partner, Troutman Sanders LLP On May 28, 2010, in a startling decision in perhaps the most important and certainly the most topsy-turvy climate change tort case against the utility, chemical, and oil and gas industry, the United...

Published Tue, Jun 1 2010 4:18 PM by Douglas A. Henderson

Filed under: climate change, greenhouse gases, global warming, carbon dioxide, hurricanes, recusal, quorum, en banc, standing, political question

5th Circuit Dismisses Global Warming Appeal

NEW ORLEANS — A divided en banc Fifth Circuit U.S. Court of Appeals on May 28 dismissed the appeal of a panel decision that Mississippi residents have standing to sue the oil, coal and energy companies for releasing greenhouse gas emissions that...

Published Tue, Jun 1 2010 4:20 PM by Samantha Drake

Filed under: climate change, greenhouse gases, global warming, hurricanes, recusal, quorum, en banc, standing, ocean temperatures, energy producers

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California Attorney General seeks to limit scope of "public interest" releases in Prop. 65 settlements

Colorado District Attorney lacks standing to bring citizen suit under Clean Water Act

Environmental Citizen Groups Have No Standing to Challenge Climate Change Impacts of Federal Actions

Gifford v. USGBC - Dismissed (But Not on the Merits)

Legal Group Urges Court to Dismiss “Climate Change” Suit

Podcast - Legal News - Supreme Court Holds Clean Air Act and EPA Trump State Nuisance Lawsuits - AEP v. Connecticut

Today's Supreme Court Decision in AEP v. Connecticut

United States Supreme Court Reverses Second Circuit Decision that Permitted States’ Lawsuits Over Greenhouse Gases

D.C. Circuit upholds California's GHG law against challenge, finding that the U.S. Chamber and NADA both lacked standing

Columbia Law School Center for Climate Change Law: AEP v. Connecticut – The Reply Briefs

Electric Utilities and States Present Oral Arguments in Supreme Court on Second Circuit Ruling on Power Plant Emissions

U.S. High Court Agrees To Take Up Case Over Energy Companies' Emissions

5th Circuit Punts on Global Warming Case, Prolonging Legal Limbo

Fifth Circuit Dismisses Comer v. Murphy Oil — A Victory for Industry In Climate Change Tort Litigation?

5th Circuit Dismisses Global Warming Appeal