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...