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Lapine on City of Cleveland v. Ameriquest Mortgage Securities, Inc.

In City of Cleveland v. Ameriquest Mortg. Sec., Inc. , 2009 U.S. Dist. LEXIS 41303 (N.D. Ohio May 15, 2009) , the City of Cleveland filed an action against over 20 major investment banks, accusing the banks of creating a public nuisance by reason of their securitizing pools of subprime mortgages made...

DOJ Brief Supports TVA Request that Supreme Court Vacate 2nd Circuit Reinstatement of Public Nuisance Greenhouse Gas Lawsuits

WASHINGTON, D.C. - (Mealey's) The federal government on Aug. 25 asked the U.S. Supreme Court to vacate a lower court decision to reinstate two lawsuits seeking to limit carbon dioxide emissions, arguing that new greenhouse gas regulations have displaced public nuisance cause of actions ( American...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. and Kendra Kinnaird, Esq. – Aug. 30th Update

REAL CASES IN REAL ESTATE By Andrea Lee Negroni and Kendra Kinnaird BuckleySandler LLP alnegroni@buckleysandler.com Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging...

Looking Forward and Looking Back - Some Climate Change Response Perspectives and Predictions

By J. Wylie Donald, Partner, English & McCarter Another year done, another time to look back and to look forward. In the climate change space, the increasing tempo of regulation was halted, but that does not mean that there were not significant events. We catalog a few with accompanying predictions...

Looking Back to 2010 and Forward to 2011 and Beyond - Perspectives and Predictions on Climate Change

By J. Wylie Donald, Partner, English & McCarter Another year done, another time to look back and to look forward. In the climate change space, the increasing tempo of regulation was halted, but that does not mean that there were not significant events. We catalog a few with accompanying predictions...

Marten Law: Republican Lawmakers Join Obama Administration in Urging Supreme Court to Overrule GHG Nuisance Case

By Steven Jones, Partner, Marten Law PLLC “Proving once again that politics makes for strange bedfellows, three prominent Republican lawmakers who have opposed EPA greenhouse gas regulation have joined the Obama Administration in urging the U.S. Supreme Court to overturn a landmark appellate...

Republicans in Congress File Amicus Brief to Overrule GHG Public Nuisance Case, Agree with Obama DOJ

By Steven Jones, Partner, Marten Law PLLC “Proving once again that politics makes for strange bedfellows, three prominent Republican lawmakers who have opposed EPA greenhouse gas regulation have joined the Obama Administration in urging the U.S. Supreme Court to overturn a landmark appellate...

Marten Law On Strange Bedfellows: Administration, GOP Congressmen Urge High Court To Overrule Greenhouse Gas Ruling

By Steven Jones, Partner, Marten Law PLLC "Proving once again that politics makes for strange bedfellows, three prominent Republican lawmakers who have opposed EPA greenhouse gas regulation have joined the Obama Administration in urging the U.S. Supreme Court to overturn a landmark appellate ruling...

Columbia Law School Center for Climate Change Law: AEP v. Connecticut - A Comparison Of The Briefs Filed By The Defendant Electric Utilities

By Julia Ciardullo, Fellow, Center for Climate Change, Columbia Law School O n January 31, 2011, five investor-owned utilities[1] (Petitioners) and the Tennessee Valley Authority (TVA), an electric utility owned by the US government, filed separate briefs with the United States Supreme Court (USSC...

Comparing Electric Utilities’ Briefs In American Electric Power Co. Inc. v. Connecticut

By Julia Ciardullo, Fellow, Center for Climate Change, Columbia Law School On January 31, 2011, five investor-owned utilities[1] (Petitioners) and the Tennessee Valley Authority (TVA), an electric utility owned by the US government, filed separate briefs with the United States Supreme Court (USSC...

Columbia Law School Center for Climate Change Law: Virginia Court to Decide the First Climate Change-Related Insurance Coverage Case

By Julia Ciardullo, Fellow, Center for Climate Change, Columbia Law School On April 19, 2011, the same day the United States Supreme Court heard oral arguments in American Electric Power Co. Inc., et al., v. Connecticut, et al. , the Supreme Court of Virginia heard oral arguments in a less well known...

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...

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...

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...

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...

Millennium Holdings To Pay $8.7 Million To Settle Lead Paint Claims

SAN JOSE, Calif. - (Mealey's) The attorneys representing 15 plaintiffs, including various California municipalities, that sued the former makers of lead-based paint in state court announced June 23 that Millennium Holdings LLC will pay $8.7 million to settle the claims against the company and be...

Marten Law on American Electric Power Co. v. Connecticut--U.S. Supreme Court Rejects Climate Change Nuisance Claims

By Steven Jones, Partner, Marten Law PLLC "In an 8-0 opinion, the U.S. Supreme Court held on June 20 in American Electric Power Co. v. Connecticut (AEP) that federal courts do not have jurisdiction to hear federal common law nuisance claims relating to greenhouse gas (GHG) emissions, because...

Podcast: Steve Jones Discusses American Electric Power Co. v. Connecticut

On this edition, Steven G. Jones of Marten Law in Seattle discusses the U.S. Supreme Court's June 20 decision in American Electric Power Co. v. Connecticut. He reviews the elements of the Second Circuit's ruling that were addressed by the Court, and examines the potential implications of the...

9th Circuit Affirms Dismissal in Kivalina v ExxonMobil

Last Friday, the U.S. Court of Appeals for the Ninth Circuit held that the federal common law claim of public nuisance for global warming by greenhouse gases by the Alaskan Village of Kivalina was displaced by the Clean Air Act and Environmental Protection Agency regulations. "Our conclusion obviously...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – March 20th, 2013 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee Negroni...

Landmark Lead Paint Abatement Case Decided In California

In a landmark lead paint liability case, the Superior Court of California has held three of five paint companies liable for public nuisance. The court ordered them to clean up lead paint in California residences painted before 1978, at a total cost of $1.15 billion. The use of lead in interior residential...