LexisNexis® Legal Newsroom
State by State Greenhouse Gas Regulation

By David W. Tundermann; General Editor Bradley M. Marten States across the country have enacted or are considering a broad range of actions to reduce greenhouse gas (GHG) emissions, including comprehensive GHG reduction plans, voluntary and mandatory GHG reporting, cap-and-trade programs, renewable...

Treatment of Greenhouse Gases Under the National Environmental Policy Act

By Jeffrey A. Thaler and Dustin T. Till; General Editor Bradley M. Marten Given the absence of comprehensive, economy-wide regulation of greenhouse gas emissions, the National Environmental Policy Act (NEPA) and its state-level counterparts have been on the frontline of the climate change fight....

Greenhouse Gas Tort Litigation

By Robert A. Wyman, Jr. and Michael G. Romey; General Editor Bradley M. Marten Numerous lawsuits have been filed to address climate change, including those based in tort for injuries to persons and property caused by greenhouse gas (GHG) emissions. This pamphlet provides comprehensive coverage of GHG...

D.C. Circuit upholds California's GHG law against challenge, finding that the U.S. Chamber and NADA both lacked standing

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. EPA et al , 2011 U.S. App. LEXIS 8685 (D.C. Cir.:...

Arctic salt clouds are reducting the impact of Global Climate Change on the Arctic region

Prior posts have noted both the various impacts of Global Climate Change ("GCC") on various aspects of the Earth and its atmospheric systems, as well as the failure of many/most models to include such impacts within their parameters. For example, a recent post noted that the solar cycle has...

Marten Law: Virginia Supreme Court to Decide Insurance Coverage for Climate Change Suits--AES Corp. v. Steadfast Insurance Co.

By Steven Jones, Partner, Marten Law PLLC "The Supreme Court of Virginia will soon decide whether a claim for damages alleged to have resulted from climate change is a covered 'occurrence' under standard general liability policies," writes Steven Jones. "The case, AES Corp...

California Superior Court blocks regional GHG regulations for failing to undertake CEQA review

In Nov. 2010 the California Building Industry Association (CBIA) filed suit against the Bay Area Air Quality Management District's (BAAQMD) CEQA Guidelines re GHG emissions. Among other requirements, environmental evaluations were required if a project was to be built within 1,000 feet of a freeway...

EPA Green-House Gas Regulation Argued Before Court

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A hard-hitting brief filed by a western, nonprofit, public-interest legal foundation challenging the attempt by the Environmental Protection Agency (EPA) to regulate greenhouse gases to ameliorate so...

Area from Massachusetts to North Carolina Faces Accelerating Sea Level Increase

Climate change has, on average, raised the surface of the world's oceans in recent decades by melting glaciers and causing seawater to expand as it warms. But the rise has not been uniform, just like the increase in ocean temperature. As noted in prior posts, both temperature increases and rising...

EPA Greenhouse Gas Permitting Requirements Maintain Focus on Largest Emitters

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 Act. Today's final rule is part of EPA's...

New CCCL Paper– Controlling Greenhouse Gas Emissions from International Shipping: Powers of Pacific Island States

Columbia’s Center for Climate Change Law has published a new white paper analyzing state authority to regulate greenhouse gas (GHG) emissions from the international shipping sector. International shipping is responsible for roughly the same percentage of global emissions as aviation – at...

Minister Receptive to Commissioner’s Climate Report

Ontario’s Environmental Commissioner has issued his annual Climate Change report , as usual scolding the provincial government for its inaction on both mitigation and adaptation. But this year, the report got an unusual reception: the new Minister of the Environment and Climate Change, Glen Murray...

The Minamata Convention and the Paris Climate Agreement: Insights into Senate-Less Adoption

In 2011, governments around the world committed to deliver a new, universal, and binding greenhouse gas (GHG) reduction agreement for the period beyond 2020 by 2015. This agreement is to be adopted this December at the twenty-first Conference of the Parties to the United Nations Framework Convention...

Sabin Center Publishes Comprehensive Assessment of Non-U.S. Climate Litigation

The first comprehensive survey ever conducted of climate change litigation outside the United States has been released by Columbia Law School’s Sabin Center for Climate Change Law. It finds that there is far more climate litigation in the United States than in the rest of the world combined, and...

Annual U.S. Greenhouse Gas Emissions Inventory Shows Increase Since Prior Year and Since 1990

By Gabrielle Sigel As it has since 1994, on April 15 of this year, U.S. EPA published its annual Inventory of U.S. Greenhouse Gas Emissions and Sinks. The Inventory tracks greenhouse gas ("GHG") emissions from man-made sources, by year, starting in 1990. The Inventory began as part of...

Oslo Principles on Climate Change: Governments are Breaching Legal Duties

By Jennifer Kalnins Temple A group of preeminent international jurists have put together a series of legal principles, called the Oslo Principles on Global Obligations to Reduce Climate Change . These principles demonstrate that the governments of the world are breaching their legal duties to their...

Lawsuit Seeks To Force Belgian Government To Take Action Against Climate Change

Jennifer M. Klein, Esq. Associate Director & Fellow A group of Belgian citizens initiated a lawsuit in April seeking to compel their government to take aggressive action against climate change. The group, Klimaatzaak, filed a summons in the court of first instance in Brussels, alleging that...

Dutch Court Orders National GHG Reductions

By Michael B. Gerrard This morning the Hague District Court issued its decision in a lawsuit brought by the Urgenda Foundation against the State of the Netherlands. The court ordered the Dutch state to limit annual greenhouse gas emissions from the country to 25% below 1990 levels by 2020. The...

State Net Climate Change News: California, Hawaii Lead Way on Climate Change Targets

Prodded by the Environmental Protection Agency (EPA) and led by California and Hawaii, states are tackling climate change and promoting renewable energy. But the fossil fuel industry and skeptical Republicans are pushing back. Hawaii last month became the first state to establish a goal of relying...

IEA Proposes “Bridging Strategy” to Achieve Global Peak in Energy-Related GHG Emissions By 2020

The International Energy Agency (IEA- an autonomous organization which works to ensure reliable, affordable and clean energy for its 29 member countries and beyond) has issued a special report entitled “Energy and Climate Change” which proposes a “bridging strategy” that could...

Obama’s Clean Power Plan: “There is such a thing as being too late”

In a passionate announcement last month (it’s worth watching ), President Barak Obama unveiled the United States’ plan for doing its part to combat climate change: the Clean Power Plan (the “Plan”). The Plan sets out to reduce greenhouse gas (“GHG”) emissions from...

PA Climate Impacts Assessment Update

In 2008, the Pennsylvania General Assembly passed the Pennsylvania Climate Change Act (Act 70), [subscribers can access an enhanced version of this Act: lexis.com | Lexis Advance ], which directed the Pennsylvania Department of Environmental Protection (DEP) to conduct a study of the potential impacts...

Federal Agencies Acknowledge the Importance of Preparing Infrastructure for Climate Change But Rarely Act on Climate Projections

Jessica Wentz Associate Director and Postdoctoral Fellow Although it has become more common for agencies in preparing environmental impact statements (EISs) to acknowledge the impacts of climate change on a project and its affected environment, it is still quite rare for agencies to accurately...

Meeting China’s Climate Goals: An Expert Discussion

The Sabin Center and the Center on Global Energy Policy (CGEP) recently co-hosted a panel discussion on Meeting China’s Climate Goals . The event was convened to discuss how China can shift its economy away from coal-fired power generation, improve energy efficiency, and increase the share of low...

Peabody Energy Agrees to Update SEC Filings to Acknowledge Financial Risks of Climate Change Policies

By Jessica Wentz Associate Director and Fellow On November 8, Peabody Energy Corporation, the world’s largest publicly-traded coal company, reached a settlement with the New York Attorney General’s Office (“NYAG”) in which it agreed to revise its financial disclosures to...