Greenhouse Gas Tort Litigation

Greenhouse Gas Tort Litigation

By Robert A. Wyman, Jr. and Michael G. Romey; General Editor Bradley M. Marten

Numerous lawsuits have been filed to address climate change, including those based in tort for injuries to persons and property caused by greenhouse gas (GHG) emissions. This pamphlet provides comprehensive coverage of GHG tort litigation, offering expert analysis of (1) issues relating to standing, justiciability, jurisdiction, venue, and other challenges to litigating such actions; (2) the effect of congressional action on GHG tort actions; and (3) the role of federal courts, state courts, and non-U.S. courts in taking on these cases. Key cases discussed include Connecticut v. American Electric Power Co., Comer v. Murphy Oil USA, and City of Kivalina v. ExxonMobil Corp.

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Michael G. Romey is a partner in the Los Angeles office of Latham & Watkins. He has a broad range of litigation experience, with a particular emphasis on environmental litigation. Mr. Romey has defended public and private companies in major, multi-plaintiff or class action lawsuits alleging exposures to hazardous substances from soil, groundwater and airborne contamination. Mr. Romey has both prosecuted and defended numerous contaminated property lawsuits brought under CERCLA and the law of nuisance. He has also defended clients in a variety of enforcement actions under the Clean Air Act. Mr. Romey is an adjunct professor of environmental law at the University of Southern California School of Law. He received a bachelor of arts degree from Columbia University and a law degree from the University of California at Berkeley's Boalt Hall School of Law. Prior to joining Latham & Watkins in 1989, Mr. Romey was a law clerk to the Honorable J. Lawrence Irving, United States District Court, Southern District of California.

Robert A. Wyman, Jr. is a partner in the Los Angeles office of Latham & Watkins and is the Global Chair of the firm's Environmental, Land and Resources Department. Mr. Wyman's experience includes practicing in the areas of air quality, climate change, energy and transportation. He represents businesses and trade associations in a wide variety of sectors on regulatory, judicial and legislative matters. He has designed several market-based programs, including the South Coast Regional Clean Air Incentives Market (RECLAIM). Mr. Wyman has represented clients before Congress, the White House, the EPA, DOE and DOT regarding federal air-quality legislation. Mr. Wyman currently represents the National Climate Coalition on EPA's advance notice of proposed rulemaking related to the regulation of greenhouse gases under the federal Clean Air Act and the California Climate Coalition on implementation issues related to the California Global Warming Solutions Act of 2006 (Assembly Bill 32). He also advises clients regarding greenhouse gas issues arising under the Kyoto Protocol and emerging US state and regional climate programs. In 2008, Chambers USA identified Mr. Wyman as one of the leading national climate change practitioners in its first national ranking in this category. Mr. Wyman is a member of the American College of Environmental Lawyers. He received a bachelor of arts degree from Princeton University and a law degree from the University of Virginia. Mr. Wyman was a law clerk to the Honorable Robert J. Kelleher, United States District Court, Central District of California.

Bradley M. Marten, founder and Managing Partner of Marten Law PLLC, is consistently ranked by his peers as one of the nation's top environmental lawyers. He is a Regent of the American College of Environmental Lawyers and Chairs its Policy Committee. He is listed as a top environmental lawyer in the Best Lawyers in America, Chambers, and the International Who's Who of Environmental Lawyers, and been recognized in many other publications for his work in the environmental law field over a 25 year career. Brad represents both corporate and public clients in matters touching on most of the major environmental and energy practice areas. He is the General Editor for the LexisNexis Global Climate Change Special Pamphlet Series.