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...

Delaware’s Most Vulnerable County Abstains from Vote on Sea Level Rise Mitigation Options

By J. Wylie Donald and Jameson Tweedie, Attorneys, McCarter & English In our continuing our discussion (see here and here ) of the Delaware Sea Level Rise Advisory Committee ("DSLRAC"), the efforts of the DSLRAC took an ironic - but perhaps predictable - turn when the delegate for the...

In Issuing Executive Order No. 41, Governor Markell Rejects Any Need to Choose Between Mitigating Climate Change and Supporting Economic Growth

by Mike Kelly & Jameson Tweedie Last month, Delaware Governor Jack Markell issued Executive Order No. 41 , “Preparing Delaware for Emerging Climate Impacts and Seizing Economic Opportunities from Reducing Emissions.” In many climate change discussions there exists an implied...

Third U.S. National Climate Assessment Released

By Gabrielle Sigel . Last month the U.S. Global Change Research Program released the Third U.S. National Climate Assessment , titled "Climate Change Impacts in the United States" ("the Assessment"). The Assessment was three years in the making and was based on the work of more...

Governor Cuomo’s Signature Needed to Pass New York Climate Adaptation Bill

Both houses of the New York State legislature have passed the Community Risk Reduction and Resiliency Act, [ enhanced version available to lexis.com subscribers ], but Governor Cuomo has yet to sign the bill into law. The purpose of the bill is to amend certain New York legislation to reflect greater...