5th Circuit Dismisses Global Warming Appeal

NEW ORLEANS — A divided en banc Fifth Circuit U.S. Court of Appeals on May 28 dismissed the appeal of a panel decision that Mississippi residents have standing to sue the oil, coal and energy companies for releasing greenhouse gas emissions that contributed to global warming and exacerbated Hurricane...

Fifth Circuit Dismisses Comer v. Murphy Oil — A Victory for Industry In Climate Change Tort Litigation?

By Douglas A. Henderson, Partner, Troutman Sanders LLP On May 28, 2010, in a startling decision in perhaps the most important and certainly the most topsy-turvy climate change tort case against the utility, chemical, and oil and gas industry, the United States Court of Appeals for the Fifth Circuit...

Jenner & Block: U.S. Court of Appeals Fifth Circuit Dismisses Climate Change Appeal in Comer v. Murphy Oil, For Lack of Quorum

By Gabrielle Sigel, Partner, Jenner & Block LLP “The U.S. Circuit Court of Appeals for the Fifth Circuit recently issued an order in Comer v. Murphy Oil USA , dismissing the appeal of this climate change nuisance case involving the effects of Hurricane Katrina,” writes Gabrielle...

5th Circuit Punts on Global Warming Case, Prolonging Legal Limbo

By John G. Nevius, Shareholder, Anderson Kill & Olick P.C. On May 28, the U .S. Court of Appeals for the 5th Circuit punted in a most unusual manner in a closely watched global warming suit, Comer v. Murphy Oil, et al . The case was brought by landowners devastated by Hurricane Katrina alleging...

Tartaglia on Establishing Standing under SEQRA in Land Use Cases

In this Analysis, Alfred C. Tartaglia, Esq. examines Matter of Save the Pine Bush, Inc. v Common Council of the City of Albany , 2009 NY Slip Op 7667, 1 (N.Y. 2009) , focusing on the "injury in fact" and "special harm" requirements which must be satisfied to establish standing...

U.S. High Court Agrees To Take Up Case Over Energy Companies' Emissions

WASHINGTON, D.C. -- (Mealey's) The nation's high court on Dec. 6 granted a petition for certiorari filed by five power companies seeking review of a Second Circuit U.S. Court of Appeals ruling reinstating two Clean Air Act (CAA) lawsuits brought by eight states seeking to limit the companies'...

Electric Utilities and States Present Oral Arguments in Supreme Court on Second Circuit Ruling on Power Plant Emissions

WASHINGTON, D.C. - (Mealey's) On Tuesday, April 19, The U.S. Supreme Court heard oral arguments over whether it should uphold a Second Circuit ruling reinstating two lawsuits brought by eight states seeking to limit emissions from five power companies under the Clean Air Act (CAA) ( American Electric...

Columbia Law School Center for Climate Change Law: AEP v. Connecticut – The Reply Briefs

By Daniel Firger, Associate Director, Center for Climate Change, Columbia Law School On April 11, 2011, petitioners in American Electric Power v. Connecticut , five private investor-owned utility companies, filed their reply brief . On the same day, the Solicitor General filed a separate reply...

United States Supreme Court Reverses Second Circuit Decision that Permitted States’ Lawsuits Over Greenhouse Gases

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 unanimously reversed a Second Circuit U.S. Court of Appeals ruling that allowed five states to pursue lawsuits under the Clean Air Act (CAA) that sought court-imposed limits on the greenhouse gas (GHG) emissions discharged by a number...

Today's Supreme Court Decision in AEP v. Connecticut

Here is my instant analysis of the decision just issued by the Supreme Court in American Electric Power v. Connecticut , the case in which several states and others sought a court order requiring several large electric utilities to reduce their greenhouse gas emissions because they were a public nuisance...

Podcast - Legal News - Supreme Court Holds Clean Air Act and EPA Trump State Nuisance Lawsuits - AEP v. Connecticut

The U.S. Supreme Court reverses a 2nd Circuit ruling allowing states' lawsuits over greenhouse gas emissions, and the high court reverses certification of a WalMart gender class. Listen to the third story on the podcast for this historic greenhouse gas emissions decision, and also hear other stories...

Marten Law on American Electric Power Co. v. Connecticut--U.S. Supreme Court Rejects Climate Change Nuisance Claims

By Steven Jones, Partner, Marten Law PLLC "In an 8-0 opinion, the U.S. Supreme Court held on June 20 in American Electric Power Co. v. Connecticut (AEP) that federal courts do not have jurisdiction to hear federal common law nuisance claims relating to greenhouse gas (GHG) emissions, because...

Gifford v. USGBC - Dismissed (But Not on the Merits)

By J. Wylie Donald, Partner, McCarter & English One of the more infuriating things about lawyers is that often, if they do their job right, their client wins and no one else benefits from it. This is what happened on August 15 before Judge Sand in the Southern District of New York in the closely...

Colorado District Attorney lacks standing to bring citizen suit under Clean Water Act

A local Colorado district attorney, among others, filed suit against a city for allegedly discharging pollutants into a creek in violation of the CWA. The District Court granted the city's motion for summary judgment on the ground that the district attorney lacked standing. In Thiebaut et al v...

California Attorney General seeks to limit scope of "public interest" releases in Prop. 65 settlements

California's Proposition 65 ( Sections 25249.5 et seq Health & Safety Code ) is an unusual regulatory scheme. Lawsuits may be filed by private individuals. Plaintiffs are not required to have standing. The law only addresses a warning requirement; it does not itself prevent or constrain the presence...

Supreme Court Must Hear “Only Enviros May Sue” Case

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A 118-year-old nonprofit, non-partisan mining trade association with thousands of members has urged the Supreme Court of the United States to hear a case decided by the U.S. Court of Appeals for the...

New York Court Dismisses Suits Seeking to Compel State’s Environmental Impact Statement

By Holly A. Pisanelli On July 11, 2014, a New York state trial court dismissed two similar cases in which the plaintiffs sought to compel the State to finalize a Supplemental Generic Environmental Impact Statement (“SGEIS”) pursuant to the State Environmental Quality Review Act (“SEQRA”...

Appellate Court Rejects Challenge To NPL Listing

A recent decision from the U.S. Court of Appeals for the D.C. Circuit, [ enhanced version available to lexis.com subscribers ], rejected a challenge to U.S. EPA's decision to list a site on the National Priorities List ("NPL"), finding that although the petitioner had standing to challenge...