Climate Change a Breach of Public Trust?

By Dianne Saxe, Attorney Attorneys representing groups of one or more children and young adults are filing legal actions against the US government, all 50 states, and the District of Columbia, in which they allege that the public trust doctrine requires government entities to reduce carbon dioxide...

How does one assess the amount of carbon stored in a forest? Lidar

Calibrating measurements from study teams on the ground with the results of a readouts from "light detection and ranging" instrumentation (LIDAR), Arbonaut, a Finnish natural resources management firm, has created the technology to product 3-dimensional images of the trees in a forest, which...

More on the American Electric Power Decision

By Jonathan Wells , Senior Associate, Alston & Bird LLP The United States Supreme Court has ruled that federal courts cannot use the federal common law of nuisance to regulate greenhouse gas emissions. In American Electric Power v. Connecticut, No. 10-174, 540 U.S. ___ (2011), the Court reversed...

Supreme Court of Virginia Once Again Holds That Climate Change Lawsuit Did Not Trigger Duty to Defend by Insurer

RICHMOND, Va. - (Mealey's) An underlying complaint alleges that damages were the "natural and probable consequence" of an insured's intentional actions, the Virginia Supreme Court said April 20, upholding its finding that a commercial general liability insurer has no duty to defend...

air pollution carbon dioxide emissions

Whatever Happened to State Law Carbon Dioxide Liability Claims? Still No Music After Bell

By J. Wylie Donald “Therefore, the Court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical paragraph in Native Village of Kivalina v. ExxonMobil...

May Updates to the Climate Litigation Charts

Each month, Arnold & Porter and the Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-US climate litigation charts. The May additions are listed below. (If you know of any cases we’ve missed, please email us...