Steve Jones, Partner at Marten Law, on a Hot Global Warming Topic - Federal Preemption of Regional Climate Compacts

By Steve Jones. "With Senators Kerry (D-Mass.), Graham (R-S.C.) and Lieberman's (I-Conn.) climate change legislation reportedly set to be introduced in the near future", writes Steve Jones, "a number of state officials have openly expressed concern about the effect the legislation...

5th Circuit Dismisses Global Warming Appeal by Mississippi Residents Against Energy Companies because en banc Fifth Circuit Fails to have Quorum

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...

Global Warming Appeal Dismissed by Fifth Circuit because no En Banc Quorum - What Does Comer v. Murphy Oil Decision Mean as to Private Plaintiffs Standing

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...

Senate Cap and Trade Greenhouse Gases Climate Bill Faces Conflicts with House ACES Bill and States Powers

By Svend Brandt-Erichsen and Dustin Till, Attorneys, Marten Law PLLC “Senators Kerry and Lieberman released their much-anticipated cap and trade legislation on May 12, 2010. The Kerry-Lieberman bill takes its place alongside H.R. 2454, the American Clean Energy and Security Act (ACES), enacted...

Svend Brandt-Erichsen and Dustin Till of Marten Law PLLC: EPA Issues Final Tailoring Rule Regulating GHGs From New and Modified Sources

By Svend Brandt-Erichsen and Dustin Till, Attorneys, Marten Law PLLC “With a one-two punch, EPA on May 13, 2010 issued permitting requirements for larger stationary sources of greenhouse gases (GHGs), just one day after Senators Kerry and Lieberman released cap and trade legislation in the...

Jenner & Block: No Quorum, so En Banc Fifth Circuit Dismisses Comer v. Murphy Oil Climate Change Appeal

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 Sigel...

John Nevius of Anderson Kill & Olick - Fifth Circuit Punts on Global Warming Case with En Banc Quorum Dismissal - Legal Limbo is Prolonged

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...

EPA to Issue Greenhouse Gas reporting program for coal mines, wastewater treatment, waste landfills and magnesium production

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is finalizing requirements under its national mandatory greenhouse gas (GHG) reporting program for underground coal mines, industrial wastewater treatment systems, industrial waste landfills and magnesium production facilities. The data...

Regional Cap-and-Trade Programs Issue White Paper that Recommends Standardized Guidelines for Offset Programs, by Dustin Till

By Dustin Till, Associate, Marten Law Group PLLC “With the fate of federal climate change legislation uncertain, the Regional Greenhouse Gas Initiative (RGGI), the Western Climate Initiative (WCI), and the Midwest Greenhouse Gas Reduction Accord (MGGRA) continue to collaborate on options for...

Warming of the oceans in previous 2 decades - heat stored equal to 2 billion Hiroshima atomic bombs

Because water has a vastly larger capacity for heat storage than the atmosphere, eventually between 80 to 90 percent of the heat trapped by the greenhouse effects ends up being stored in the oceans. Thus, the trend in ocean temperatures is an excellent indicator of long-term trends in global GHG effects...

Lynn Grayson of Jenner & Block: Climate Change and Water Risks: Carbon Disclosure Project Seeks Water Scarcity Disclosures for Investors

By E. Lynn Grayson, Partner, Jenner & Block In this Analysis, E. Lynn Grayson discusses the Carbon Disclosure Project (CDP) and examines its first water-related information request. She writes: The Carbon Disclosure Project (CDP) has issued its first water-related information request to 302 of...

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...

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...

Nassim Nicholas Taleb's book “The Black Swan" and Climate Change-Related Legislative Hurdles and Challenges

Michael Cohen, Vice President, Government Affairs, Renaissance Reinsurance, was on the faculty of the Reinsurance Outlook 2010 seminar produced earlier this year by HB Litigation Conferences. During a session on climate change, Cohen shared his insights into the political challenges and hurdles that...

Video - Climate Change, Judging Scientific Findings, and Responding to Global Warming with WeatherPredict's Lew Rothstein, Ph.D.

Lew Rothstein, Ph.D., principal scientist with WeatherPredict Consulting, was on the faculty of “Reinsurance Outlook 2010,” a seminar produced earlier this year by HB Litigation Conferences. During a session on climate change, shared his views on our role in climate change, how to judge the...

Video - Rising Sea Levels and Climate Change - Lew Rothstein, Ph.D. of WeatherPredict Consulting

Lew Rothstein, Ph.D., principal scientist with WeatherPredict Consulting was on the faculty of “Reinsurance Outlook 2010,” a seminar produced earlier this year by HB Litigation Conferences. During a session on climate change, he gave a primer on the causes and impact of global sea-level rise...

Solicitor General Files Brief in Support of Utility Petition for Certiorari from Second Circuit 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...

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Proposed State of Washington Greenhouse Gases Reporting Rule for its Climate Change Framework

By Alyssa Moir, Marten Law Group PLLC “Large stationary sources and transportation fuel suppliers in the State of Washington would have to report their 2012 greenhouse gas (GHG) emissions beginning in 2013 under rules recently proposed by Washington's Department of Ecology (Ecology),”...

Meet Me In Cancun - United Nations Framework Convention on Climate Change Conference on Global Warming

By E. Lynn Grayson, Partner, Jenner & Block An estimated 15,000 people, including officials and environmental leaders from 194 countries, will attend the UN's Climate Change Conference at the Moon Palace Hotel in Cancun, Mexico. The 12-day conference and associated meetings will seek to...

United Nations Announces Climate Change Website for Funding Needs of Developing Nations at Cancun Conference

By E. Lynn Grayson, Partner, Jenner & Block The UN announced yesterday the launch of a website to help developing countries make sense of the multiple funds available to finance climate change-related needs. It estimates that developing countries will require as much as $100B a year for adaptation...

Christiana Figueres, UN Framework Convention on Climate Change, Urges Cancun Attendees to Be Creative, Seek Compromise and Cooperation

By E. Lynn Grayson , Partner, Jenner & Block Executive Director of the UN Framework Convention on Climate Change (UNFCCC), Christiana Figueres, opened the conference saying "You are gathered in Cancun to weave together the elements of a solid response to climate change, using both reason...

Supreme Court Grants Certiorari in Power Companies Appeal of Second Circuit Ruling on Emissions as Public Nuisance Litigation

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'...

President and EPA Take Charge of Climate Change and Greenhouse Gases: Jenner & Block 2010 Year in Review

By Gabrielle Sigel, Partner, Jenner & Block LLP “On January 27, 2010, in his first State of the Union address, President Obama expressed his desire to see Congress pass a comprehensive energy and climate bill adopted in the coming year. This statement reiterated his position, stated at...

Senate Legislation Seeks to Block Environmental Protection Agency Regulation of Greenhouse Gases, Invalidate Endangerment Finding

By Julia Ciardullo, Fellow, Center for Climate Change, Columbia Law School With the 112th Congress now in session, Senators from both parties have already introduced legislation that would block EPA’s ability to regulate greenhouse gases (GHGs). This post addresses two of the most notable examples...

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...