Climate Crisis: Insurers Tell Weather Like It Is

By Dianne Saxe, Ontario Environmental Lawyer The Canadian federal government does not like to talk about climate change, so the Insurance Bureau of Canada has released a hard hitting report on the damage that climate change is already causing in Canada: Telling the Weather Story: Can Canada Manage...

Columbia Law School Center for Climate Change Law: Study of Environmental Impact Statements Reveals Varying Treatment of Climate Change Impacts

By Patrick Woolsey, Columbia Law School, Center for Climate Change Law, Intern Federal agencies have begun to incorporate consideration of climate change and greenhouse gas emissions into the environmental impact statements (EISs) which they are required to produce under the National Environmental...

9th Circuit Affirms Dismissal in Kivalina v ExxonMobil

Last Friday, the U.S. Court of Appeals for the Ninth Circuit held that the federal common law claim of public nuisance for global warming by greenhouse gases by the Alaskan Village of Kivalina was displaced by the Clean Air Act and Environmental Protection Agency regulations. "Our conclusion obviously...

Jenner & Block: Ninth Circuit Affirms Dismissal of Federal Common Law Nuisance Claim for Global Warming

By Keri L. Holleb Hotaling, Partner, Jenner & Block LLP On September 21, 2012, the Ninth Circuit Court of Appeals in Native Village of Kivalina v. ExxonMobil Corp. et al. , 9th Cir., No. 09-17490, ruled that the Alaska town of Kivalina could not sue energy companies under a federal common law...

Climate Change Burns While Governments Fiddle

By Dianne Saxe, Ontario Environmental Lawyer Everywhere I look, I see galloping evidence of climate change. Last weekend, southern Ontario watched ski trails and ice rinks melt under the onslaught of record high temperatures and heavy rain. Spring perennials and bulbs were blooming in Toronto gardens...

Columbia Law School Center for Climate Change Law: Governor Cuomo Calls for Lowering RGGI Cap, Other Climate Initiatives

By Shelley Welton, Deputy Director & Fellow, Center for Climate Change, Columbia Law School On Wednesday, January 10, 2013, Governor Cuomo gave his state-of-the-state message . Much of the message was devoted to examining how the state can recover and learn from Superstorm Sandy. Encouragingly...

Fifth Circuit Knocks Out Climate Change Liability Lawsuit Again

By J. Wylie Donald, Partner, McCarter & English Res judicata is one of those phrases learned in law school that seemed of limited utility. How often is someone going to bring the same claim twice? Callow law students know little of the world. The doctrine is frequently needed and, as was learned...

Jenner & Block: More Insights On Obama’s Climate Change Plan

Since President Obama's speech at Georgetown, there has been tremendous response and reaction to his proposed plan to address climate change. As to be expected, some support President Obama's proposals while others do not. The threefold approach includes: 1) reducing U.S. carbon pollution; 2...

New Climate Change Data Available

The World Resource Institute (WRI) has launched an online initiative to make global greenhouse gas emissions data more accessible and easier to understand. The free, online portal, referred to as Climate Analysis Indicators Tool or CAIT 2.0, provides data on GHG emissions from 186 countries and all 50...

Troutman Sanders LLP: The President’s Climate Action Plan and the Electricity Industry

By Todd R. Coles , Peter S. Glaser , Bonnie A. Suchman President Obama released a sweeping climate plan (Plan) on June 25, 2013, using his authority to both address greenhouse gas (GHG) emissions and to prepare for the impacts of climate change. The plan , which consists of a wide variety of executive...

Obama's Climate Plan Won't Work for Power Plants, Which Could Be Bad News for the Transportation Sector

President Obama’s Climate Plan – which was released earlier this summer – sets as its goal a 17% national greenhouse gas reduction by 2020. The centerpiece of Obama’s plan is to regulate greenhouse gas emissions from new and existing power plants, which comprise about a third...

New Mexico Court Refuses to Take Steps to Apply Public Trust Doctrine to the Atmosphere

By J. Wylie Donald and Patrick Reilly Two years ago, we observed a potentially startling development in climate change litigation: “On Monday, May 4, [2011] in state courts across the nation lawyers representing children and young adults filed (and apparently will continue to file) suits seeking...

New IPCC Report: Human Influence On Global Warming Is Clear

Meeting in Stockholm last month, the Intergovernmental Panel on Climate Change (IPCC) released new research from its Fifth Assessment Report – the culmination of six years of research and data analyses since the Fourth Assessment Report was issued in 2007. The IPCC Working Group concluded "…...

Almost There … But Not Quite There …

On October 7, 2013, when the Supreme Court of the United States announced a number of procedural decisions regarding which cases it would review, there was a conspicuous absence from the list: Coalition for Responsible Regulation v. EPA, 684 F. 3d 102 (DC Cir 2012) [ enhanced version available to lexis...

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...

Carbon Capture, Utilization and Storage in China: Emerging Policies and Laws

The Center for Climate Change Law has released a white paper tracking China’s policies and laws on carbon capture, utilization and storage (CCUS). China has the world’s largest coal reserves and has been zealous in using its coal to drive rapid economic development in recent decades, leading...

Members Of Congress Aim To Restrict EPA’s Ability To Set Greenhouse Gas Emission Standards For Fossil Fuel Power Plants

On October 28 th , Democratic Senator Joe Manchin (W.Va.) and Republican House Representative Ed Whitfield (Ky.) released a discussion draft bill intended to limit the EPA’s ability to set greenhouse gas emission standards for fossil fuel-fired power plants. The House Energy and Commerce subcommittee...

2013 Warsaw Climate Change Conference: Mobilizing Climate Finance Mechanisms

By Andrew B. Schatz , Catherine B. Campbell , and Jesse Colin Medlong International climate change negotiations concluded in November in Warsaw at the 19th Conference of the Parties (COP 19) to the United Nations Framework Convention on Climate Change (UNFCCC). DLA Piper lawyers from Europe and...

State Net Climate Change News: Hard Part Just Beginning For California Cap-And-Trade Program

By most measures, California's nascent cap-and-trade program had a solid first year of operation, producing hundreds of millions of dollars in revenue for state coffers and, perhaps more important, not dragging the state's still-recovering economy back into the abyss it had been wallowing in...

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...

2015 Paris Climate Change Accord

By: E. Lynn Grayson The U.S. was the first nation to submit its recommended outline of the global accord to be adopted at the Paris climate conference. The 2015 agreement will have to bring together the current patchwork of binding and non-binding arrangements under the UN climate convention and...

New SEC Climate Disclosure Search Tool

Ceres and CookESG Research have launched a new search tool allowing easier access to companies' climate change-related disclosures to the U.S. Securities Exchange Commission (SEC). The SEC Climate Disclosure Search allows searching by year, company, ticker, industry group or stock index as well as...

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...

Should Energy Board Consider Climate Before Approving Pipelines?

By Meredith James Can, and should, the National Energy Board consider climate impacts before approving oil pipelines? The federal government says no, objectors say yes. Now the courts must decide. The Trans Mountain Pipeline expansion would increase the capacity of the current 1,150 km pipeline...

Resilient Rhode Island Act of 2014 Sets 85% Carbon Emissions Reduction Goal by 2050, Strongest In the United States

The Rhode Island legislature has passed the Resilient Rhode Island Act of 2014, [ enhanced version available to lexis.com subscribers ], which addresses climate mitigation, adaptation and resilience, and establishes greenhouse gas emissions reductions targets of 10% below 1990 levels by 2020, 45% by...