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Fifth Circuit Dismisses Comer v. Murphy Oil — A Victory for Industry In Climate Change Tort Litigation?

By Douglas A. Henderson, Partner, Troutman Sanders LLP On May 28, 2010, in a startling decision in perhaps the most important and certainly the most topsy-turvy climate change tort case against the utility, chemical, and oil and gas industry, the United States Court of Appeals for the Fifth Circuit...

Jenner & Block: U.S. Court of Appeals Fifth Circuit Dismisses Climate Change Appeal in Comer v. Murphy Oil, For Lack of Quorum

By Gabrielle Sigel, Partner, Jenner & Block LLP “The U.S. Circuit Court of Appeals for the Fifth Circuit recently issued an order in Comer v. Murphy Oil USA , dismissing the appeal of this climate change nuisance case involving the effects of Hurricane Katrina,” writes Gabrielle...

5th Circuit Punts on Global Warming Case, Prolonging Legal Limbo

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...

Electric Utilities and States Present Oral Arguments in Supreme Court on Second Circuit Ruling on Power Plant Emissions

WASHINGTON, D.C. - (Mealey's) On Tuesday, April 19, The U.S. Supreme Court heard oral arguments over whether it should uphold a Second Circuit ruling reinstating two lawsuits brought by eight states seeking to limit emissions from five power companies under the Clean Air Act (CAA) ( American Electric...

Columbia Law School Center for Climate Change Law: AEP v. Connecticut – The Reply Briefs

By Daniel Firger, Associate Director, Center for Climate Change, Columbia Law School On April 11, 2011, petitioners in American Electric Power v. Connecticut , five private investor-owned utility companies, filed their reply brief . On the same day, the Solicitor General filed a separate reply...

United States Supreme Court Reverses Second Circuit Decision that Permitted States’ Lawsuits Over Greenhouse Gases

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 unanimously reversed a Second Circuit U.S. Court of Appeals ruling that allowed five states to pursue lawsuits under the Clean Air Act (CAA) that sought court-imposed limits on the greenhouse gas (GHG) emissions discharged by a number...

Today's Supreme Court Decision in AEP v. Connecticut

Here is my instant analysis of the decision just issued by the Supreme Court in American Electric Power v. Connecticut , the case in which several states and others sought a court order requiring several large electric utilities to reduce their greenhouse gas emissions because they were a public nuisance...

Podcast - Legal News - Supreme Court Holds Clean Air Act and EPA Trump State Nuisance Lawsuits - AEP v. Connecticut

The U.S. Supreme Court reverses a 2nd Circuit ruling allowing states' lawsuits over greenhouse gas emissions, and the high court reverses certification of a WalMart gender class. Listen to the third story on the podcast for this historic greenhouse gas emissions decision, and also hear other stories...