Litigation
Conn. v. AEP: Never Underestimate Congressional Power to Do Damage
Dan’s and Rick’s posts very helpfully summarize the impacts of the Court’s decision today. (They were also probably written at the same time: great minds think alike). But I’m a little more pessimistic than Dan is concerning Congressional action. He suggests that the decision makes it more complex for Congress to repeal EPA jurisdiction since …
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CONTINUE READINGSupreme Court Rejects States’ Climate Change Nuisance Lawsuit
The Supreme Court today issued its long-awaited decision in an important climate change case, American Electric Power v. Connecticut. http://www.supremecourt.gov/opinions/10pdf/10-174.pdf As expected, the Court rejected a public nuisance lawsuit that a coalition of states and private land trusts had brought against the owners of Midwestern coal-fired power plants, challenging their massive greenhouse gas emissions on …
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CONTINUE READINGDueling Orders and Lots of Confusion in AB 32 Case
Yesteday, I described a California Court of Appeals order lifting the injunction preventing the California Air Resources Board (CARB) from implementing its cap and trade program. The order was apparently issued last Friday afternoon. Even in this age of instantaneous communication, however, apparently neither the Superior Court judge in the case, Earnest H. Goldsmith, nor the lead …
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CONTINUE READINGWaiting for Connecticut v. AEP
I like New York in June. The Supreme Court, not so much. June is when the Court finishes up its term and releases any decisions still pending. This year, that means we will soon get a ruling on Connecticut v. AEP, the public nuisance climate case, which was argued in April. Just so you can keep score at home, …
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CONTINUE READINGWhat Does This Logo Mean?
Take a look at the green drop on the bottle of Fiji Water pictured right. (If you are a rational actor, you won’t buy the bottle for $7, but that’s another story). What do you think it means? What if it was accompanied by the website URL “fijigreen.com”? Well, if you are the California Court …
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CONTINUE READINGThe Endangerment Litigation
I’ve just spent some time reading the initial briefs in the D.C. Circuit on the endangerment issue. They strike me as much more political documents than legal ones. A brief recap for those who haven’t been following the legal side of the climate issue. After the Bush Administration decided not to regulate greenhouse gases under …
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CONTINUE READINGGlobalizing Public Nuisance
Let’s assume, as most of us on this blog do, that the Supreme Court will get rid of the public nuisance climate change when it decides Connecticut v. AEP a few weeks from now. Does that get rid of public nuisance climate cases? Not necessarily. Whatever one may think of the Clean Air Act’s displacement …
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CONTINUE READINGClarence Thomas: Nino Scalia Should Resign
Well, not quite. But just look at the quotes. Clarence Thomas, in a recent speech to Georgia attorneys: “This job is a humbling job,” he said. “It’s the end of the food chain. And some people can do it, and some can’t. But what it teaches you is that you don’t have all the answers. The …
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CONTINUE READINGThe Clean Air Act and Greenhouse Gases: Full Employment Act for Lawyers
For several years now, large law firms have sought work related to climate change, though prior to President Obama’s election the work was relatively thin. Sure there were challenges to California’s legislation to regulate greenhouse gas emissions (GHG) from cars; defenses to claims under the National Environmental Policy Act and California Environmental Quality Act; and …
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