LexisNexis® Legal Newsroom
Lawsuit Alleges EPA ‘Overreaching’ With Global Warming Finding

ATLANTA — Representing 13 U.S. representatives, 17 companies and associations and itself, the Southeastern Legal Foundation (SLF) on Feb. 10 filed a Petition for Judicial Review in the U.S. Court of Appeals for the District of Columbia, challenging the Endangerment Finding on carbon dioxide...

5th Circuit Dismisses Global Warming Appeal

NEW ORLEANS - (Mealey's) 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...

Government Urges Dismissal Of Carbon Dioxide Lawsuits

WASHINGTON, D.C. - (Mealey's) The federal government on Aug. 25 asked the U.S. Supreme Court to vacate a lower court decision to reinstate two lawsuits seeking to limit carbon dioxide emissions, arguing that new greenhouse gas regulations have displaced public nuisance cause of actions ( American...

Michael Gerrard's Climate Change Litigation In The U.S. Chart - Columbia Law School Center For Climate Change Law

We have created a chart that displays all the climate change litigation that has been brought in the U.S. courts, plus some of the administrative cases. The chart is organized by type of case. It contains hot links to most of the decisions and, where decisions have not been rendered, to certain pleadings...

Solicitor General Supports Utility Petition For Certiorari From Climate Change Common Law Nuisance Ruling

By Steven Jones, Partner, Marten Law PLLC "In a brief filed last August, the Solicitor General has urged the Supreme Court to accept review of the Second Circuit's decision in Connecticut v. American Electric Power Co. ( AEP )," writes Steven Jones. "In AEP , the Second Circuit...

Alaska Native Groups To Sue Over Polar Bear Plan

ANCHORAGE, Alaska - (AP) A coalition of Alaska Native groups put the federal government on notice Monday that they intend to sue over a recovery plan for polar bears faced with diminishing sea ice and climate change. The groups contend that the Department of Interior ignored their concerns when the agency...

New Climate Change Case Headed To U.S. Supreme Court

WASHINGTON, D.C. - (AP) The Obama administration and environmental interests generally agree that global warming is a threat that must be dealt with. But they're on opposite sides of a Supreme Court case over the ability of states and groups such as the Audubon Society that want to sue large electric...

Supreme Court Casts Doubt On States' Global Warming Lawsuit

WASHINGTON, D.C. - (AP) The Supreme Court appeared deeply skeptical Tuesday about allowing states to sue electric utilities to force cuts in greenhouse gas emissions from power plants. Both conservative and liberal justices questioned whether a federal judge could deal with the complex issue of global...

2 Key Rulings Pending In Global Warming Lawsuits

By John G. Nevius, Esq., P.E. On Tuesday, April 19, 2011, two separate oral arguments were held that will help determine the future of climate-change litigation - and whether and how insurance coverage is available to defend against certain climate-change claims. The first oral argument involved...

Legal Actions Against U.S., States Claim Climate Change Is 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...

Alston & Bird LLP's Jonathan Wells On The Suprme Court's American Electric Power Ruling

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...

Virginia Supreme Court Reaffirms Ruling In Global-Warming Coverage Dispute

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...