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

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

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

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

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: 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

Jenner & Block: Water Scarcity: A Critical Climate Change Challenge for Business
Posted on 27 Aug 2009 by E. Lynn Grayson

In this Emerging Issues Analysis, E. Lynn Grayson of Jenner & Block reports that while a reduction of greenhouse gas emissions is the best known, and most often debated climate change challenge, water scarcity is emerging as the more significant concern... Read More

Jenner & Block: Climate Change 2008 Year in Review: Complex Legal and Political Issues Are Waiting for the New Administration
Posted on 28 Jan 2009 by Gabrielle Sigel and Jennifer Cassel

In this Emerging Issues Analysis, Gabrielle Sigel and Jennifer L. Cassel of Jenner & Block's Chicago office discuss federal, state, regional and international actions taken in 2008 to address climate change. These actions set the stage for the... Read More

Marten Law PLLC: Carbon Offsets Protocol Unlikely to Satisfy Competing Interests
Posted on 2 Dec 2009 by amoir

California-based Climate Action Reserve (CAR) has released version 3.0 of its Forest Project Protocol, which allows forest lands located anywhere in the country to generate carbon offset credits by following CAR's accounting and verification procedures... Read More

Marten Law Group: Polar Opposites -- State of Alaska, Hunting and Environmental Groups Challenge Polar Bear Listing
Posted on 11 Jul 2008 by Jessica K Ferrell

In this Emerging Issues Commentary, Jessica Ferrell of the Marten Law Group discusses the U.S. Department of Interiors (Interior) and U.S. Fish and Wildlife Services (USFWS) decision to list the polar bear as a threatened species under the Endangered... Read More

Marten Law Group: Offsets For Greenhouse Gas Emissions: Clarifying the Role of Forestry and Agriculture
Posted on 31 Aug 2009 by Svend Brandt-Erichsen

In this Emerging Issues Analysis, Svend Brandt-Erichsen of the Marten Law Group reports that agriculture and forestry, like most sectors of the economy, would experience higher operating costs under a GHG cap-and-trade program like that contained in H... Read More

Marten Law Group: Planned Water Desalination Plant in California Approved Over Opposition Regarding Marine Impacts, Energy and Climate Costs
Posted on 15 Oct 2009 by Jeff Kray

In this Emerging Issues Analysis, Jeff Kray of Marten Law Group advises that permits for the Carlsbad desalination plant, a $320 million San Diego area facility, have been upheld over the opposition of environmental groups. The permits had been opposed... Read More

Marten Law Group: Western Climate Initiative Issues Updated Scoping, Reporting Rules
Posted on 1 Oct 2008 by Steven G Jones

In this Emerging Issues Commentary, Steven Jones of the Marten Law Group discusses revised versions of two key documents issued at the end of July 2008 by the Western Climate Initiative (WCI): (1) a draft scoping paper that broadens the coverage of the... Read More