LexisNexis® Legal Newsroom
Carbon Capture and Sequestration

By Kathy G. Beckett and David M. Flannery, Members, Jackson Kelly PLLC; General Editor Bradley M. Marten As the United States continues to debate the climate change issue, attention is being focused on the burning of fossil-fuels for power generation, manufacturing, and transportation as a primary...

Treatment of Greenhouse Gases Under the Clean Air Act

By Carol E. Dinkins and Eric Groten, Partners, Vinson & Elkins; General Editor Bradley M. Marten In the absence of federal climate change legislation, questions about whether and how greenhouse gases may be regulated under the Clean Air Act (CAA) have never been more pressing. This pamphlet discusses...

  • 10-20-2010 | 14:21 PM
  • Author:
Marten Law: Washington State Issues Revised Proposal for Mandatory Greenhouse Gas Reporting

By Alyssa Moir, Marten Law Group PLLC “Large stationary sources and transportation fuel suppliers in the State of Washington would have to report their 2012 greenhouse gas (GHG) emissions beginning in 2013 under rules recently proposed by Washington's Department of Ecology (Ecology),”...

State by State Greenhouse Gas Regulation

By David W. Tundermann; General Editor Bradley M. Marten States across the country have enacted or are considering a broad range of actions to reduce greenhouse gas (GHG) emissions, including comprehensive GHG reduction plans, voluntary and mandatory GHG reporting, cap-and-trade programs, renewable...

Treatment of Greenhouse Gases Under the National Environmental Policy Act

By Jeffrey A. Thaler and Dustin T. Till; General Editor Bradley M. Marten Given the absence of comprehensive, economy-wide regulation of greenhouse gas emissions, the National Environmental Policy Act (NEPA) and its state-level counterparts have been on the frontline of the climate change fight....

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...

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 et al , 2011 U.S. App. LEXIS 8685 (D.C. Cir.:...

Arctic salt clouds are reducting the impact of Global Climate Change on the Arctic region

Prior posts have noted both the various impacts of Global Climate Change ("GCC") on various aspects of the Earth and its atmospheric systems, as well as the failure of many/most models to include such impacts within their parameters. For example, a recent post noted that the solar cycle has...

Marten Law: Virginia Supreme Court to Decide Insurance Coverage for Climate Change Suits--AES Corp. v. Steadfast Insurance Co.

By Steven Jones, Partner, Marten Law PLLC "The Supreme Court of Virginia will soon decide whether a claim for damages alleged to have resulted from climate change is a covered 'occurrence' under standard general liability policies," writes Steven Jones. "The case, AES Corp...

California Superior Court blocks regional GHG regulations for failing to undertake CEQA review

In Nov. 2010 the California Building Industry Association (CBIA) filed suit against the Bay Area Air Quality Management District's (BAAQMD) CEQA Guidelines re GHG emissions. Among other requirements, environmental evaluations were required if a project was to be built within 1,000 feet of a freeway...

EPA Green-House Gas Regulation Argued Before Court

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A hard-hitting brief filed by a western, nonprofit, public-interest legal foundation challenging the attempt by the Environmental Protection Agency (EPA) to regulate greenhouse gases to ameliorate so...

Area from Massachusetts to North Carolina Faces Accelerating Sea Level Increase

Climate change has, on average, raised the surface of the world's oceans in recent decades by melting glaciers and causing seawater to expand as it warms. But the rise has not been uniform, just like the increase in ocean temperature. As noted in prior posts, both temperature increases and rising...

EPA Greenhouse Gas Permitting Requirements Maintain Focus on Largest Emitters

Steps to streamline process will ease burden on state and local permitting authorities WASHINGTON - The U.S. Environmental Protection Agency (EPA) today announced that it will not revise greenhouse gas (GHG) permitting thresholds under the Clean Air Act. Today's final rule is part of EPA's...

New CCCL Paper– Controlling Greenhouse Gas Emissions from International Shipping: Powers of Pacific Island States

Columbia’s Center for Climate Change Law has published a new white paper analyzing state authority to regulate greenhouse gas (GHG) emissions from the international shipping sector. International shipping is responsible for roughly the same percentage of global emissions as aviation – at...

Minister Receptive to Commissioner’s Climate Report

Ontario’s Environmental Commissioner has issued his annual Climate Change report , as usual scolding the provincial government for its inaction on both mitigation and adaptation. But this year, the report got an unusual reception: the new Minister of the Environment and Climate Change, Glen Murray...

The Minamata Convention and the Paris Climate Agreement: Insights into Senate-Less Adoption

In 2011, governments around the world committed to deliver a new, universal, and binding greenhouse gas (GHG) reduction agreement for the period beyond 2020 by 2015. This agreement is to be adopted this December at the twenty-first Conference of the Parties to the United Nations Framework Convention...

Sabin Center Publishes Comprehensive Assessment of Non-U.S. Climate Litigation

The first comprehensive survey ever conducted of climate change litigation outside the United States has been released by Columbia Law School’s Sabin Center for Climate Change Law. It finds that there is far more climate litigation in the United States than in the rest of the world combined, and...

Annual U.S. Greenhouse Gas Emissions Inventory Shows Increase Since Prior Year and Since 1990

By Gabrielle Sigel As it has since 1994, on April 15 of this year, U.S. EPA published its annual Inventory of U.S. Greenhouse Gas Emissions and Sinks. The Inventory tracks greenhouse gas ("GHG") emissions from man-made sources, by year, starting in 1990. The Inventory began as part of...

Oslo Principles on Climate Change: Governments are Breaching Legal Duties

By Jennifer Kalnins Temple A group of preeminent international jurists have put together a series of legal principles, called the Oslo Principles on Global Obligations to Reduce Climate Change . These principles demonstrate that the governments of the world are breaching their legal duties to their...

Lawsuit Seeks To Force Belgian Government To Take Action Against Climate Change

Jennifer M. Klein, Esq. Associate Director & Fellow A group of Belgian citizens initiated a lawsuit in April seeking to compel their government to take aggressive action against climate change. The group, Klimaatzaak, filed a summons in the court of first instance in Brussels, alleging that...