Climate Change

Recent Posts

More on the American Electric Power Decision
Posted on 21 Jul 2011 by Jonathan Wells

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... Read More

D.C. Circuit upholds California's GHG law against challenge, finding that the U.S. Chamber and NADA both lacked standing
Posted on 9 May 2011 by Thomas H. Clarke, Jr.

Prior posts have followed the development of California's greenhouse gas law. The U.S. Chamber of Commerce challenged EPA's 2009 waiver which allowed California to regulate GHG emissions. In Chamber of Commerce of the United States et al v.... Read More

Almost There … But Not Quite There …
Posted on 30 Oct 2013 by Pepper Hamilton Sustainability Counsel

On October 7, 2013, when the Supreme Court of the United States announced a number of procedural decisions regarding which cases it would review, there was a conspicuous absence from the list: Coalition for Responsible Regulation v. EPA, 684 F. 3d 102... Read More

Podcast: Steve Jones Discusses American Electric Power Co. v. Connecticut
Posted on 8 Aug 2011 by LexisNexis Legal Business Community Staff

On this edition, Steven G. Jones of Marten Law in Seattle discusses the U.S. Supreme Court's June 20 decision in American Electric Power Co. v. Connecticut. He reviews the elements of the Second Circuit's ruling that were addressed by the Court... Read More

State Net Capitol Journal Legislative Updates: North Carolina Tries To Outlaw Climate Change Data
Posted on 2 Jul 2012 by State Net

BUT CAN THEY DO SOMETHING ABOUT THE HUMIDITY? Speaking of North Carolina, who knew the worst thing about global warming is that it might be bad for business? As the Los Angeles Times reports, things started when a Tar Heel State commission reported that... Read More

Marten Law: Climate Change Lawsuits Get Chilly Reception
Posted on 25 Jun 2012 by Dustin T Till

By Dustin Till, Associate, Marten Law Group PLLC "The U.S. District Court for the District of Columbia recently dealt another blow to advocacy groups attempting to compel federal action on climate change via common law causes of actions. In Alec... Read More

EPA Endangerment Finding, Tailpipe, Timing and Tailoring Rules for Greenhouse Gas Emissions Under Clean Air Act Upheld
Posted on 2 Jul 2012 by Tom Moylan

WASHINGTON, D.C. - (Mealey's) A panel of the District of Columbia Circuit U.S. Court of Appeals on June 26 found that rules and findings by the U.S. Environmental Protection Agency that regulate greenhouse gas emissions from cars, light trucks and... Read More

Global Climate Change
Posted on 25 May 2011 by LexisNexis Environmental Law Community Staff

By Michael B. Gerrard and Cullen Howe This chapter from Environmental Law Practice addresses both the factual background of global climate change and its legal implications. The chapter is divided into two parts, discussing the factual background... Read More

EPA Greenhouse Gas Permitting Requirements Maintain Focus on Largest Emitters
Posted on 3 Jul 2012 by LexisNexis Environmental Law Community Staff

Steps to streamline process will ease burden on state and local permitting authorities WASHINGTON - The U.S. Environmental Protection Agency (EPA) today announced that it will not revise greenhouse gas (GHG) permitting thresholds under the Clean Air... Read More

Treatment of Greenhouse Gases Under the Clean Air Act
Posted on 7 Aug 2010 by Carol E. Dinkins and Eric Groten

By Carol E. Dinkins and Eric Groten, Partners, Vinson & Elkins; General Editor Bradley M. Marten In the absence of federal climate change legislation, questions about whether and how greenhouse gases may be regulated under the Clean Air Act (CAA... Read More

Will the Federal GHG Tailoring Rule Extend To Cap and Trade?
Posted on 16 May 2011 by Marc Karell

By Marc Karell, Founder and Principal, Climate Change & Environmental Services Earlier this year the World Resources Institute and other organizations issued a report providing ways for the federal government to implement a cap and trade program... Read More

9th Circuit Affirms Dismissal in Kivalina v ExxonMobil
Posted on 1 Oct 2012 by LexisNexis Environmental Law Community Staff

Last Friday, the U.S. Court of Appeals for the Ninth Circuit held that the federal common law claim of public nuisance for global warming by greenhouse gases by the Alaskan Village of Kivalina was displaced by the Clean Air Act and Environmental Protection... Read More

Marten Law: Proposed Legislation Seeking to Block EPA Greenhouse Gas Regulation Picks Up Speed
Posted on 28 Feb 2011 by Russell Prugh

By Russell Prugh , Associate, Marten Law PLLC “Congressional legislators in both houses have recently proposed bills to delay or block EPA from regulating greenhouse gases (GHGs) under the Clean Air Act (CAA) and other environmental laws. A... Read More

Marten Law: Washington State Decision Excludes Bioenergy-Based GHG Emissions From Clean Air Act Permit Requirements
Posted on 5 Jul 2011 by Svend Brandt-Erichsen

By Svend Brandt-Erichsen, Partner, Marten Law PLLC "An administrative hearings board in Washington State has rejected calls for further assessment of climate impacts from a cogeneration project that will burn woody biomass to generate electricity... Read More