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The Changing Political Climate of Global Warming
For a change, there are more similarities than differences between the Presidential candidates on climate change policy. Both candidates embrace the necessity of a coherent international and national...
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DRI Climate Change Webcast June 18 1:00-2:30 EDT
Sign up now for DRI Climate Change Webcast June 18 1:00-2:30 EDT What's the Obama Administration doing about Climate Change? More in four months than the prior administration did in in eight...
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Second Circuit Takes Lead in Permitting Climate Change Litigation
In Connecticut v. American Power, 2009 WL 2996729 (2nd Cir. Sept. 21, 2009), the United States Court of Appeals for the Second Circuit held that a claim filed by eight states, one city and three...
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Wall Street Journal on widespread recusals of federal appellate judges
Check out yesterday’s Wall Street Journal for a most troubling think-piece exploring the implications of widespread recusals of federal appellate judges who hold energy stocks from appeals involing...
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Comer: Fifth Circuit Recusals Cost Global Warming Plaintiffs Their Prior Victory
The Fifth Circuit en banc dismissed the appeal in Comer v. Murphy Oil USA after vacating its prior panel decision that allowed Katrina victims to sue energy companies for money damages based on alleged...
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Judgment Striking down Morgantown Fracturing Ban is now final after City...
On August 17, 2011, the Oil & Gas Law Brief reported that a West Virginia judge had entered an order striking down a ban on hydraulic fracturing enacted by the City of Morgantown. The judge ruled...
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The FTC Reins in Facebook
In the wild, wild west of the internet, it looks like the Federal Trade Commission is saddling up to play the role of sheriff. On November 29, 2011, the FTC announced its proposed settlement of...
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What Do Reputable Scientific Organizations Consider To Be Evidence?
The new IOM report, Breast Cancer and the Environment: A Life Course Approach, again emphasizes the difference between how scientific panels go about making a causal inference and the approach too...
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“What All the Fuss Is About”: The Supreme Court Confirms Property Owners’...
The U.S. Supreme Court has rejected the federal government’s argument that compliance orders issued by the U.S. Environmental Protection Agency (“EPA”) under the Clean Water Act, 33 U.S.C. §§ 1251 et...
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Hydraulic Fracturing Risks and Opportunities
On April 18, 2012, Winston & Strawn and the Environmental Law Institute co-hosted an informative seminar on, “Hydraulic Fracturing Risks and Opportunities: Regulator, NGO, Industry and Investor...
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So What’s Left Post Kivalina For Climate Change Litigation?
With an election brewing, plaintiffs trying to impact climate change may find themselves lobbying politicians rather than running to the nearest courtroom. On September 21, 2012, the Ninth Circuit...
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Climate Change Legislation Post-Sandy
Even before Hurricane Sandy devastated the East Coast, climate change policy had been on the forefront of federal and state legislative agendas. However, the size and scope of Sandy has brought a...
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The Road to a Climate Change Legacy Runs Through the EPA
It was reported on February 20, 2013, that President Obama appears to have selected federal air regulator, Gina McCarthy, to take over for Lisa Jackson as head of the EPA. The news indicates that the...
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EPA Required Greenhouse Gas Permitting Continues in Texas
EPA and Texas have an ongoing fight about many things, greenhouse gas regulation and permitting being only one of them. The State refused to accept EPA’s decision under what is known as the Tailoring...
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Climate Change Regulations: A Showdown among the States
No good deed goes unpunished when it comes to the United States Environmental Protection Agency’s (“U.S. EPA”) efforts to regulate climate change. Rather, U.S. EPA’s authority to regulate climate...
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Climate Change Update: Presidents Obama and Xi Pledge to Cooperate to Reduce...
On June 8, 2013, President Barack Obama and President Xi Jinping of China issued a joint statement announcing that the two countries have agreed to work together to phase down the consumption and...
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President Obama Makes End Run around Congress by Issuing Climate Action Plan
On June 25, 2013, in a speech at Georgetown University, President Obama unveiled his Climate Action Plan (CAP) which sidesteps Congress and instead focuses on executive branch action, and more...
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NYC Mayor Bloomberg Encourages Cities to Take the Lead in Battle against...
Throughout his three terms as Mayor of New York City, Mayor Michael Bloomberg has kept policies designed to fight climate change at the forefront of his agenda. Most recently, nearly one year...
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Does the U.S. Supreme Court Decision Limiting EPA’s Greenhouse Gas Authority...
On June 23, 2014, the United States Supreme Court issued its widely anticipated decision in Utility Air Regulatory Group v. EPA concerning the U.S. Environmental Protection Agency’s regulation of...
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Companies Leading the Charge on Carbon Pricing
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...
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