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Global Warming Appeal Dismissed by Fifth Circuit because no En Banc Quorum - What Does Comer v. Murphy Oil Decision Mean as to Private Plaintiffs Standing

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: No Quorum, so En Banc Fifth Circuit Dismisses Comer v. Murphy Oil Climate Change Appeal

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 Sigel...

John Nevius of Anderson Kill & Olick - Fifth Circuit Punts on Global Warming Case with En Banc Quorum Dismissal - Legal Limbo is Prolonged

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...

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...