Greenhouse Gas Permitting Requirements for Large Stationary Sources under Clean Air Act Announced by EPA Administrator Lisa Jackson

WASHINGTON - The U.S. Environmental Protection Agency (EPA) announced yesterday a final rule to address greenhouse gas (GHG) emissions from the largest stationary sources, while shielding millions of small sources of GHGs from Clean Air Act permitting requirements. The phased-in, common-sense approach...

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...

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...

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...

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'...