LexisNexis® Legal Newsroom
Cap and Trade: Towards an International Scheme?

There are various means of reducing greenhouse gas emissions to reduce the impact of climate change, including: · the ‘cap and trade’ policy · the use of carbon taxes, and · the so called ‘command and control’ regulation. ‘Cap and Trade’...

Should real estate investors be interested in energy efficiency?

The built environment accounts for over a third of total indirect CO2 emissions in the US and the UK, based on studies carried out in both countries. In a new report, “Energy Efficiency in Real Estate Portfolios” Ceres, the leading coalition of investors, environmental groups and other public...

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...

23% of global CO2 emissions were produced in one country to make goods for use in another country

Much attention has been focused on the localized production of CO2, and its contribution to global warming. What is missing from an understanding of CO2 production is the extent to which the generation of CO2 is related to the creation of goods in one country, goods which are exported to another country...

Environmental Protection Agency Affirms Greenhouse Gas Emissions Endangerment Finding

WASHINGTON, D.C. - (Mealey's) The U.S. Environmental Protection Agency on July 29 denied 10 petitions challenging its Dec. 7 determination that greenhouse gas emissions are a threat to public health and must be regulated under the Clean Air Act. The finding allows the federal government to regulate...

Greenhouse Gases (GHG) Regulated under Clean Air Act - Environmental Protection Agency Endangerment Finding Upheld

WASHINGTON, D.C. - (Mealey's) The U.S. Environmental Protection Agency on July 29 denied 10 petitions challenging its Dec. 7 determination that greenhouse gas emissions are a threat to public health and must be regulated under the Clean Air Act. The finding allows the federal government to regulate...

DOJ Brief Supports TVA Request that Supreme Court Vacate 2nd Circuit Reinstatement of Public Nuisance Greenhouse Gas 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...

DOT, EPA Propose the Nation’s First Greenhouse Gas and Fuel Efficiency Standards for Trucks and Buses

A win for the environment, economy and energy efficiency WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) have announced the first national standards to reduce greenhouse gas (GHG) emissions and improve fuel efficiency of heavy-duty...

A Closer Look at Climate Change Skepticism -- An Interesting Assessment

In an interesting assessment, the author notes: "Debate over climate change is nothing new. Scientists have been arguing about whether greenhouse gases released by human activity might change the climate since the late nineteenth century, when Swedish chemist Svante Arrhenius first proposed that...

Lakes across the globe are warming up

Throughout the past quarter-century, inland lakes have been experiencing a small, steadily rising nighttime fever. Globally, the average increase has hovered around 0.045 degrees Celsius per year, but in some regions the increase has been more than twice that - or about 1 °C per decade. In some regions...

The trend toward use of heavier crudes increases the carbon footprint of petroleum products

Heavier crudes are, by definition, more viscous. The also contain greater amounts of sulfur, which must be removed because of the adverse impact of sulfur on various catalysts used in the refining process. The sulfur content of fuel is also controlled because of its impact on particulate generation....

Assessment of preliminary data indicates that 2010 ties record for warmest year

NASA and the National Oceanic and Atmospheric Administration released their analyses of global surface temperature data for 2010. Both found that 2010 was slightly warmer than 2005, but that the difference was not statistically significant. Combined land and ocean surface temperatures across the globe...

Republicans in Congress File Amicus Brief to Overrule GHG Public Nuisance Case, Agree with Obama DOJ

By Steven Jones, Partner, Marten Law PLLC “Proving once again that politics makes for strange bedfellows, three prominent Republican lawmakers who have opposed EPA greenhouse gas regulation have joined the Obama Administration in urging the U.S. Supreme Court to overturn a landmark appellate...

New Report Highlights Potential For State Federal Cap and Trade Partnerships Under Clean Air Act §111

By Gregory E. Wannier, Deputy Director of the Center for Climate Change Law, Columbia Law School CCCL recently released a report detailing options for implementing potential cap and trade regimes through federal-state partnerships under Section 111 of the Clean Air Act (§111) . This report...

Columbia Law School Center for Climate Change Law: Europe's Climate Roadmap

By Daniel Firger, Associate Director, Center for Climate Change, Columbia Law School Europe is doubling down on decarbonization. On March 8, 2011, the European Commission (EC) released its widely anticipated “roadmap for moving to a competitive low carbon economy in 2050.” The roadmap...

Data from crop trials demonstrates threat climate change poses to crops

Serendipity has helped more than a few scientists with insights and discoveries. Researchers were chatting, and realized that data from work one of them was focused upon various crop trials spread across southern and eastern Africa, if correlated with local weather conditions (other than drought), could...

Climate Change 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...

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...

How does one assess the amount of carbon stored in a forest? Lidar

Calibrating measurements from study teams on the ground with the results of a readouts from "light detection and ranging" instrumentation (LIDAR), Arbonaut, a Finnish natural resources management firm, has created the technology to product 3-dimensional images of the trees in a forest, which...

More on the American Electric Power Decision

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...

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...

Global Warming: Reasonable, Cost-effective Steps that can slow the Temperature Rise

First, some good news. Prior posts have noted repeatedly the key role that methane plays in global warming (the longterm trend in temperature, not seasonal or annual variations). Prior posts have also noted the role that particulates-aerosols play in global warming, and their adverse effect on human...

Supreme Court of Virginia Once Again Holds That Climate Change Lawsuit Did Not Trigger Duty to Defend by Insurer

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...

air pollution carbon dioxide emissions

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...