Environmental

Recent Posts

Caps on greenhouse gas emissions should not be left to judges
Posted on 10 Dec 2009 by Malcolm Dowden

Todd D. Stern, head of the delegation, gave a media briefing shortly after arriving in Copenhagen today, 9 December. He reiterated recent commitments on greenhouse gas reductions, and asserted that legislation and regulation, rather than judicial intervention... Read More

CA Sues EPA Over Vehicle Emissions Standards; CARB Disputes Effectiveness of New Federal Standards
Posted on 6 Feb 2008 by Steven G Jones

California's immediate appeal of EPA's denial of its request for a Clean Air Act waiver to set stricter vehicle emissions standards than required by federal law is the focus of this Emerging Issues Commentary by Steven Jones, a partner with the... Read More

Marten Law Group: New Oregon Climate Change Laws Expand Emission Performance Standards, Renewable Portfolio Standards, GHG Reporting, and Energy Efficiency Programs
Posted on 15 Oct 2009 by Alyssa Moir, Dustin Till

In this Emerging Issues Analysis, Alyssa Moir and Dustin Till of Marten Law Group report that Governor Ted Kulongoski of Oregon has recently signed several energy efficiency, climate change, and renewable energy bills. These bills mandate greater energy... Read More

Marten Law Group: Petitions Seek to Use CWA's TMDL Process (Climate Change Sept. 2007)
Posted on 26 Sep 2007 by Laura B Fandino

In this Emerging Issues Commentary, Laura Fandino of the Marten Law Group discusses petitions filed by the Center for Biological Diversity seeking to have 8 coastal states institute controls to reduce acidification of their coastal waters. Each petition... Read More

Jenner & Block: Federal and State Tax Incentives for Renewable Energy
Posted on 7 Apr 2008 by Gail H. Morse and Alexandra E. Dowling

In this Emerging Issues Commentary, Gail H. Morse and Alexandra E. Dowling of Jenner & Block’s Chicago office trace the history of federal and state tax incentives, starting with early federal tax incentives in 1916 for fossil fuel production... Read More

Marten Law Group: Washington State Advisory Group Issues Blueprint to Reduce GHG Emissions
Posted on 1 Apr 2008 by Michael G Lufkin

In this Emerging Issues Commentary, Michael Lufkin of the Marten Law Group discusses a report issued by the Washington Climate Advisory Team that contains policy recommendations and strategies for addressing climate change in Washington State. Of the... Read More

Jenner & Block: Federal and State Tax Incentives for Alternative Vehicles and Fuels
Posted on 14 Jul 2008 by Gail H. Morse and Alexandra E. Dowling

In this Emerging Issues Commentary, Gail H. Morse and Alexandra E. Dowling of Jenner & Block’s Chicago office discuss federal and state tax incentives for fuel efficient and alternative fuel vehicles. They also examine the prospective efficacy... Read More

Marten Law Group: Western Regional Cap-and-Trade System Takes Shape
Posted on 25 Jul 2008 by Steven G Jones

In this Emerging Issues Commentary, Steven Jones of the Marten Law Group discusses the Western Climate Initiative (WCI), a collaboration among 13 western states, five Canadian provinces and six Mexican states to develop a regional strategy to reduce greenhouse... Read More

Jenner & Block: U.S. EPA Proposes Mandatory Greenhouse Gas Emission Reporting Rule for Emissions From Stationary and Mobile Sources
Posted on 30 Mar 2009 by Gabrielle Sigel and Michael R. Strong

In this Emerging Issues commentary, Gabrielle Sigel and Michael R. Strong of Jenner & Block discuss the U.S. EPA’s proposed rule, released March 10, 2009, for mandatory reporting of greenhouse gas (GHG) emissions, required by an appropriations... Read More

Reed Rubinstein on American Petroleum Institute v. Johnson, 541 F. Supp. 2d 165 (D.D.C. 2008)
Posted on 18 Sep 2008 by Reed D. Rubinstein

In this Expert Commentary, Reed Rubinstein of Greenberg Traurig LLP’s Washington, D.C., office provides insight into American Petroleum Institute v. Johnson , a case in which the EPA’s efforts to circumvent by administrative rule two U.S.... Read More

Jenner & Block: Emissions Reporting Risks of Facilities With Complex Ownership Structures
Posted on 11 Apr 2008 by Michael R. Strong & Edward F. Malone

In the second of a series of articles on the Lieberman-Warner Climate Security Act of 2007 (S.2191), Michael R. Strong of Jenner & Block's Chicago office and Edward F. Malone note that although this bill still faces significant hurdles, it is... Read More

Jenner & Block: Federal Appeals Court - Greenhouse Gas Emitters Can Be Subject to Federal Common Law Nuisance Liability
Posted on 16 Oct 2009 by Sigel, Strong, and Boye-Williams

“In a ground-breaking decision for global warming litigation, the U.S. Court of Appeals for the Second Circuit held that eight states, New York City, and three land trusts could bring public nuisance claims against owners of some of the largest... Read More

Marten Law Group: Second Circuit Allows Federal Nuisance Claims for Global Warming to Proceed
Posted on 16 Oct 2009 by Steven G Jones

“In a decision that may place even greater pressure on Congress to enact climate change legislation, the Second Circuit Court of Appeals has allowed a nuisance case against five of the nation's largest utilities to proceed because no federal... Read More

Marten Law Group: Cap and Trade Legislation Proposed in Washington State
Posted on 30 Dec 2008 by Svend Brandt-Erichsen and Dustin Till

In this Emerging Issues Analysis, Svend Brandt-Erichsen and Dustin Till of Marten Law Group discuss a December 2008 proposal by Washington State Governor Christine Gregoire to meet statewide and regional greenhouse gas (GHG) emission reduction targets... Read More

Marten Law Group: California Files Suit to Compel Decision on New Motor Vehicle GHG Emissions Standards
Posted on 11 Dec 2007 by amoir

In this Emerging Issues Commentary, Alyssa Moir of the Marten Law Group reports on a lawsuit filed on November 8, 2007, by California against the Environmental Protection Agency seeking to compel the agency to act on a 2005 waiver request under the Clean... Read More