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Supreme Court Casts Doubt On States' Global Warming Lawsuit

WASHINGTON, D.C. - (AP) The Supreme Court appeared deeply skeptical Tuesday about allowing states to sue electric utilities to force cuts in greenhouse gas emissions from power plants. Both conservative and liberal justices questioned whether a federal judge could deal with the complex issue of global...

Trees damaged by bark beetles slow their uptake of CO2 for up to a century

As noted in prior posts, bark beetles damage large forest areas, often killing or causing the death of 50% to 80% of mature trees. As these trees decompose, they release CO2, adding to the atmospheric burden of GHG's. New research has identified additional climate repercussions from beetle outbreaks...

Two Key Rulings Pending in Global Warming Suits

By John G. Nevius, Esq., P.E. On Tuesday, April 19, 2011, two separate oral arguments were held that will help determine the future of climate-change litigation - and whether and how insurance coverage is available to defend against certain climate-change claims. The first oral argument involved...

2 Key Rulings Pending In Global Warming Lawsuits

By John G. Nevius, Esq., P.E. On Tuesday, April 19, 2011, two separate oral arguments were held that will help determine the future of climate-change litigation - and whether and how insurance coverage is available to defend against certain climate-change claims. The first oral argument involved...

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...

Global Climate Change

By Michael B. Gerrard and Cullen Howe This chapter from Environmental Law Practice addresses both the factual background of global climate change and its legal implications. The chapter is divided into two parts, discussing the factual background of global climate change and the legal issues surrounding...

High Court Reverses 2nd Circuit Ruling Allowing 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...

Supreme Court Reverses Ruling Allowing States To Sue Over Greenhouse Gas Emissions

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...

Solar cycle is abating impact of GHG emissions, Part 2

A recent posting noted that because the Sun is at a solar minimum, the impact of GHG increases in the atmosphere have been less than would otherwise be anticipated. Now, a new report suggests that the Sun is entering an unanticipated, a potentially prolonged period of solar minimum. Some will take a...

U.S. Supreme Court finds that statutory law of CAA displaces Federal common law and state tort law on issue of GHG emissions

Several States, a city, and land trusts filed federal common law public nuisance claims against various power companies; they requested that the court set CO2 emission limits. In American Electric Power Co. et al v. Connecticut et al , 2011 U.S. LEXIS 4565 (6/20/11), the U.S. Supreme Court addressed...

Troutman Sanders LLP: Lawsuit Filed Against New York's Participation In RGGI

On June 28, 2011, two business women with the assistance of the Competitive Enterprise Institute ("CEI") and Americans for Prosperity filed a lawsuit against the state of New York for participation in the Regional Greenhouse Gas Initiative ("RGGI") program because the interstate compact...

Troutman Sanders LLP: Lawsuit Filed Against New York's Participation In RGGI

On June 28, 2011, two business women with the assistance of the Competitive Enterprise Institute ("CEI") and Americans for Prosperity filed a lawsuit against the state of New York for participation in the Regional Greenhouse Gas Initiative ("RGGI") program because the interstate compact...

What is the source of the oceans' production of N2O, a potent GHG?

The oceans emit an estimated 30% of the nitrous oxide (N2O) entering the atmosphere. Nitrous oxide gives rise to NO (nitric oxide) when it reacts with oxygen atoms, and this NO in turn reacts with ozone. As a result, N2O is the main naturally occurring "regulator" of stratopheric ozone. N2O...

American Electric Power Puts Full-Scale Carbon Capture and Storage Project on Hold

By Patrick Greissing, Alston & Bird LLP Carbon capture and storage (CCS) has been deemed a technology that can help fight climate change and reduce greenhouse gas emissions; however, it has had trouble getting off the ground. The cost of CCS, legal issues, lack of state and federal policy and...

Waste diversion, odour and climate change

By Dianne Saxe, Ontario Environmental Lawyer Clare Booth Luce, the famous American playwright, journalist, ambassador, and Congresswoman, used to say, "no good deed goes unpunished". To my regret, this sardonic and rather depressing phrase is, all too often, a good description of environmental...

Penguin decline may turn on presence or absence of krill, not the loss of sea ice per se

Researchers have been following the penguin population off the tip of the West Antarctic Peninsula since the 1970's. Winter air temperatures in the region have climbed a significant 5 to 6 degrees Celsius in recent decades with a concomitant loss of sea ice; this region is one of the fastest warming...

Environmental Initiatives and the Role of the Green Technology Pilot Program

By Sarah M. Wong, Marquette University Law School The United States has entered a heightened state of environmental awareness. America's history of industrialization and consumerism in the early 1900s resulted in the realization that an increasing rate of industrial growth wrought a devastating...

Could the Amazon Become a Greenhouse Gas (GHG) Emitter Rather Than a Sink?

The Amazon has long been conceived of as a CO2 sink because of its mass of vegetation. Researchers are now concerned that drought and deforestation may make it a net emitter. Because of regular measurements of about 100,000 trees, researchers estimate that the Amazon was absorbing about 1.5 billion...

Acidification of Oceans May Affect the Brains of Fish

Yesterday's post noted some of the adverse consequences that are likely to arise from acidification of oceans. Another recent study shows that such acidification can influence the behavior of fish because of impacts on their brains; the response of nerve cells can be reversed as acidifying seawater...

EPA's Greenhouse Gas Rules Unanimously Backed By Federal Appeals Court

WASHINGTON, D.C. - (Mealey's) A panel of the District of Columbia Circuit U.S. Court of Appeals on June 26 found that rules and findings by the U.S. Environmental Protection Agency that regulate greenhouse gas emissions from cars, light trucks and large, stationary emission producers are neither...

State Net Capitol Journal: Colorado Gov. Hickenlooper Proposes New Colorado Drilling Regulations

Colorado Gov. John Hickenlooper (D) last week proposed new rules to regulate greenhouse gas emissions from oil and gas drilling operations in the Centennial State. His proposals include a first-in-the-nation call to force drillers to reduce the emission of methane, a potent greenhouse gas linked to global...

High Court Hears Arguments On EPA’s Ability To Regulate Greenhouse Gases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Feb. 24 heard oral arguments on whether the U.S. Environmental Protection Agency overstepped its bounds by regulating greenhouse gas emissions from stationary sources such as power plants ( Utility Air Regulatory Group v. U.S. Environmental...

Babst Calland: EPA Proposes Amendments to Greenhouse Gas Reporting Rule for Petroleum and Natural Gas Systems

By Meredith Odato Graham This week the U.S. Environmental Protection Agency (EPA) published a proposal to amend Subpart W of the greenhouse gas reporting program rules, which affects the Petroleum and Natural Gas Systems source category. According to EPA’s fact sheet , “[t]he proposal...

Green Climate Fund Board Makes Key Decisions On Operations

By Keri L. Holleb Hotaling Recently, the Board of the Green Climate Fund (the "Fund") met in Bali, Indonesia. The Fund was designated as an operating entity of the financial mechanism of the United Nations Framework Convention on Climate Change ("UNFCCC"). The Fund's purpose...

CH4 Methane