LexisNexis® Legal Newsroom
May Updates to the Climate Litigation Charts

Each month, Arnold & Porter and the Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-US climate litigation charts. The May additions are listed below. (If you know of any cases we’ve missed, please email us...

S&P: Climate Change is a Global Mega-Trend with an Impact on Sovereign Creditworthiness

On May 15th, 2014, Standard & Poor’s Rating Services issued Climate Change is a Global Mega-Trend for Sovereign Risk , a report about the potential impacts of climate change on sovereign credit ratings of countries around the world. In its report, S&P explains how the costs of inaction...

Carbon Disclosure Project Report Provides Real Examples that Illustrate the Expensive Impact of Climate Change on Major Corporations

By Alexander Bandza, Associate, Jenner & Block The Carbon Disclosure Project (CDP) has released a report that updates its survey on how S&P 500 companies assess physical risks from climate change. Reported risks affect companies in all economic sectors and include damage to facilities,...

Environmental Protection Agency Releases New Policy Statement on Climate Change Adaptation

The Environmental Protection Agency has released a new Policy Statement on Climate Change Adaptation , building on the last policy statement released by the EPA in June 2011. In the statement, the EPA has developed a more direct, urgent tone in describing the initiatives to be taken in adapting to the...

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

Our semi-annual look at the top climate change legal stories is keyed on EPA. You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA , [lexis.com subscribers may access Supreme Court briefs and the opinion for this case]. But other things have stirred the pot as well:...

The New Bucket List: NOAA’s Top Sites for Increased Nuisance Flooding

"Seawater on the streets.” One immediately knows that, notwithstanding the alliterative allure, something is not right. And when one is in Annapolis, Maryland, and the Alex Haley Scuplture Group is literally reading in the waves, it is plain disconcerting. The National Oceanic and Atmospheric...

New SEC Climate Disclosure Search Tool

Ceres and CookESG Research have launched a new search tool allowing easier access to companies' climate change-related disclosures to the U.S. Securities Exchange Commission (SEC). The SEC Climate Disclosure Search allows searching by year, company, ticker, industry group or stock index as well as...

Resilient Rhode Island Act of 2014 Sets 85% Carbon Emissions Reduction Goal by 2050, Strongest In the United States

The Rhode Island legislature has passed the Resilient Rhode Island Act of 2014, [ enhanced version available to lexis.com subscribers ], which addresses climate mitigation, adaptation and resilience, and establishes greenhouse gas emissions reductions targets of 10% below 1990 levels by 2020, 45% by...

Governor Cuomo’s Signature Needed to Pass New York Climate Adaptation Bill

Both houses of the New York State legislature have passed the Community Risk Reduction and Resiliency Act, [ enhanced version available to lexis.com subscribers ], but Governor Cuomo has yet to sign the bill into law. The purpose of the bill is to amend certain New York legislation to reflect greater...

UN Climate Summit 2014

By E. Lynn Grayson Secretary-General Ban Ki-moon is hosting the Climate Summit 2014 at UN headquarters in NYC. The purpose of the Summit is to engage leaders and advance climate action. The UN's ultimate objective is to rally international support for an ambitious global agreement by 2015 that...

Companies Leading the Charge on Carbon Pricing

By Steven M. Siros While it is unlikely that the 113th Congress will take any action on climate change (especially not in advance of the November 2014 elections), many major public companies aren't waiting for Congressional action and are instead proactively beginning to factor internal carbon...

New CCCL Report: Potential Liability for Climate-Related Measures under the Trans-Pacific Partnership

Columbia’s Center for Climate Change Law has released a white paper entitled Potential Liability for Climate-Related Measures under the Trans-Pacific Partnership . The Trans-Pacific Partnership (TPP) is currently being negotiated by twelve Pacific-rim countries (Australia, Brunei Darussalam, Canada...

Fossil Fuel Divestment Catching On?

Is the tide turning on fossil fuel divestment? Climate Week featured promises, by some big mainstream investors, to start divesting from fossil fuels. Notable announcements included the Rockefeller Brothers Fund , which was built on the Standard Oil fortune. Europe has more than nine fossil fuel divestment...

U.N. Climate Report: Irreversible Change Near Certain

By Jennifer Kalnins Temple Still not worried enough about climate change? Read the latest climate assessment report from the United Nations Intergovernmental Panel on Climate Change (IPCC). This is the fourth and final scientific volume to lay the groundwork for the next international summits in...

DOD Report Confirms Climate Change A Threat To National Security

The Pentagon has released the Department of Defense 2014 Climate Change Adaptation Roadmap confirming that climate change poses an immediate threat to national security. The Department of Defense (DOD) views climate change as a "threat multiplier" because it has the potential to exacerbate...

EPA Comments Suggest Emphasis On Creativity And Internalizing Externalities In Climate Strategy

By Jameson Tweedie The American Bar Association's Section of Energy, Environment and Resources held its Fall Conference recently. Noteworthy from a climate perspective were the keynote address by Environmental Protection Agency Administrator Gina McCarthy, along with comments by other officials...

Lynn Grayson Comments on U.S. Climate Change Actions

A European Union publication Interfax recently published an article titled China and US Will Make or Break Climate Deal by Annemarie Botzki. The article discusses the stance of countries around the world on climate change and greenhouse gas (GHG) emissions and what is likely to happen at the upcoming...

Sea Level Rise Risk Should Be Evaluated For Coastal Infrastructure Projects, According To San Francisco Capital Planning Guidance

Jennifer M. Klein, Esq. Associate Director & Fellow, Sabin Center for Climate Change Law Sea level rise is a “pervasive and increasing threat” and should be evaluated as infrastructure projects are built or modified along San Francisco’s shorelines, according to Guidance adopted...

Four Big Ideas on Climate Change

By Paula Boutis The UN climate convention conference that wrapped up in December in Lima was meant to deliver a draft for a new universal climate agreement to be inked in Paris, France in 2015 and to come into effect in 2020. Before the meeting, hopes were officially high: All eyes will now...

2014 Lima Climate Change Conference: The Lead Up To a Universal Climate Change Agreement

By Andrew B. Schatz , Catherine B. Campbell , and Jesse Medlong , Associates, DLA Piper International climate change negotiations concluded in mid-December in Lima, Peru at the 20th Conference of the Parties (COP 20) to the United Nations Framework Convention on Climate Change (UNFCCC or Convention...

Threat Of Sea Level Rise In Southeast Florida Calls For Immediate Adaptive Action, Task Force Urges County

By Jennifer M. Klein, Esq. Associate Director & Fellow, Sabin Center for Climate Change Law Sea level rise is an “inevitable consequence” of global warming and requires innovative capital planning, according to a new Report by the Miami-Dade Sea Level Rise Task Force. The Task Force...

Attacks on Canadian Climate Scientist Ruled to be Defamation

A trial court in British Columbia has awarded $50,000 CAD (roughly $40,000 USD in current exchange rates) to distinguished climate scientist Dr. Andrew Weaver, finding that a collection of articles had defamed him.[1] The judgment is controlling authority only within British Columbia, but it is still...

The Constitutional Foundation for the Clean Power Plan

As members of Congress wisely examine the legal basis for the Clean Power Plan, they should feel confident that the Environmental Protection Agency is acting with a solid constitutional foundation. At a Tuesday hearing of the Subcommittee on Energy and Power of the House Committee on Energy and Commerce...

State Net Capitol Journal – Deepening California Drought Poses Several Challenges

After years of magical thinking about rains that rarely came, California agencies are struggling to combat the state’s prolonged drought through myriad mandates, restrictions and development of alternative sources of water. They have a long way to go. Responding to a fourth year of drought that...

Houston Flooding and Lawyers - A Climate Change Informed View

By J. Wylie Donald "After a natural disaster, such as a hurricane, litigation often follows to determine who will pay for the consequences." Mariner Energy, Inc. v. Devon Energy Prod. Co ., 690 F. Supp. 2d 558 (S.D. Tex. 2010) (considering contractual responsibility for property damage...