Greenhouse gas tort litigation by Robert A. Wyman

Cover of: Greenhouse gas tort litigation | Robert A. Wyman

Published by LexisNexis in New Providence, NJ .

Written in English

Read online

Edition Notes

Includes index.

Book details

Statementby Robert A. Wyman, Jr., Michael G. Romey ; general editor, Bradley M. Marten
SeriesLexisNexis global climate change special pamphlet series
ContributionsRomey, Michael G., Marten, Bradley M.
Classifications
LC ClassificationsKF3812.2 .W96 2010
The Physical Object
Paginationp. cm.
ID Numbers
Open LibraryOL24495267M
ISBN 109781422480038
LC Control Number2010037754
OCLC/WorldCa663459537

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This chapter evaluates the viability of one type of climate change litigation – what some see as the most novel or radical idea – namely, applying tort law to hold companies emitting substantial amounts of greenhouse gases liable for at least some of the harms caused by climate by: This concern is one reason they are coming to publicly accept the reality of anthropogenic-caused global warming, and the corresponding need for regulation of greenhouse gas emissions.

Despite the significance of this litigation, however, global warming actions thus far have almost all been brought in domestic rather than international by: 4.

By Christina M Carroll, J Randolph Evans, Lindene Elise Patton and Joanne Lydia Zimolzak. The ability to measure the environment's impact on insurance risk is an almost impossible task.

Lawyers who face this challenge can turn to this book for advice on both existing and emerging environmental issues. Giedre Kaminskaite-Salters has published a new book, ‘Constructing a Private Climate Change Lawsuit under English Law: a comparative perspective’.

The book will be of particular interest to lawyers in multinational corporations and certain non-governmental organisations, but the book will also have relevance for a much broader spectrum of jurists, academics and policymakers. Critics argue that climate-change litigation is doctrinally unsound, costly, unlikely to reduce greenhouse-gas emissions, and may even be counterproductive.

Using Tort Litigation to Enhance Regulatory Policy Making: Evaluating Climate-Change Litigation in Light of Lessons from Gun-Industry and Clergy-Sexual-Abuse Lawsuits (Aug ).Cited by: U.S.

Climate Change Regulation and Litigation: Selected Legal Issues Congressional Research Service 1 nPresident Obama released a Climate Action Plan (CAP) to reduce greenhouse gases (GHG) emissions and to encourage adaptation to expected climate change.1 Subsequently, the.

Litigation • Continued scorched earth battles over procedural barriers to trial –Political question, standing, preemption –Trial tactics: expert admissibility, remedies, MDL complex litigation models –Tort reform (including Texas affirmative defense for greenhouse gas nuisance torts) • Legislative interventions: Warren plan; OGCI.

Tort Law and Climate Change Prof. Tracy Hester Environmental Law Fall Houston, Texas September 8,   On Jthe U.S. Supreme Court issued its long awaited decision in American Electric Power Co., Inc. Connecticut, 1 finding that the Clean Air Act had “displaced” the federal common law with respect to the regulation of greenhouse gas emissions.

As a result, federal nuisance law cannot be used to force reductions in carbon dioxide and other greenhouse gas emissions at. regulations aimed at reducing greenhouse gas emissions or advancing adaptation objectives. The full Article contains a more detailed analysis of the litigation as well as the role of attribution science in policy-making and planning.

Establishing Standing to Sue Injury and causation are crucial elements of standing in U.S. courts. The Environmental Litigation and Mass Tort Practice Group represents clients in all environmental and mass tort litigation matters. The group’s lawyers also provide counsel in connection with transactional concerns such as ongoing regulatory compliance, legislative activities and environmental due diligence.

The decision of the Ninth Circuit in Native Village of Kivalina v. ExxonMobil Corp., F.3d (9th Cir. ), dealt another blow to recent attempts to use the federal common law tort system to address issues relating to greenhouse gas emissions and climate change.

The result is a situation that is ripe for litigation. Plaintiffs have emerged, suing corporations on the grounds that their greenhouse gas emissions are causing undue harm and suing governments for failing to regulate the corporations.

In addition, industry has responded with countersuits of its own. It did, however, find that the State had breached the standard of due care towards its citizens, which under Dutch tort law constitutes an unlawful act. The District Court had Greenhouse gas tort litigation book ordered the Dutch State to achieve at least a 25 percent reduction of its overall annual greenhouse gas emissions by the end ofcompared to levels.

While the Environmental Protection Agency works on development of greenhouse gas regulations for industrial sources, plaintiffs have sought to impose civil liabilities through the use of common law tort claims.

In over eight years of litigation, however, plaintiffs have yet to proceed past the preliminary stages in a GHG common law suit, and.

On May 6,in the case of In re Peabody Energy Corporation, F.3d (8th Cir.), the U.S. Court of Appeals for the Eighth Circuit held, in an apparent case of first impression, that state statutory and common-law climate change tort claims are dischargeable in bankruptcy and were in fact discharged in this case, affirming the decisions of the lower courts.

Litigation. That case— It was the first tort case against greenhouse gas polluters and it was brought against the five largest CO2 emitters in the country: American Electric Power Co. The Fourth Circuit pushed climate-change tort litigation closer to the U.S. Supreme Court's a New York federal judge said New York City's claims ultimately deal with greenhouse gases that.

Premier Environmental and Toxic Tort Litigators: Our team has an established track record litigating some of the most challenging environmental, natural resource damages (NRD) and toxic tort matters in the country, including serving as trial counsel for BP after the Deepwater Horizon oil spill, defending class action and mass joinder toxic tort actions, litigating issues related to emergent.

Litigation. In US and Australia - cases about climate change argued in courts for over 15 years In Australia this is because of the failure to sign the Kyoto Protocol until and the failure to implement laws to reduce greenhouse gas emissions. Based on a variant of the Elliott-Ackerman-Millian theory that variable, potentially inconsistent and costly litigation outcomes induce industry to seek federal preemptive legislation to reign in such costs, we collect data on climate change-related litigation to determine whether litigation might motivate major greenhouse gas emitters to accept a preemptive, though possibly carbon-restricting.

Manufacturer of off-highway vehicles and engines in an EPA and California enforcement action regarding engine calibration mapping.; Major global automobile, engine and equipment companies and trade associations in a wide range of EPA, NHTSA and California regulatory matters, including defense of major enforcement actions alleging use of “defeat devices,” negotiation of an agreement on.

In the third installment of Jenner & Block’s Corporate Environmental Lawyer's discussion of emerging trends in Climate Change Litigation, we are discussing a quickly proliferating form of litigation—lawsuits filed by U.S.

states and municipalities against companies that operate in industry sectors which have historically had high levels of greenhouse gas emissions. the Act, 42 U. §, to set limits on greenhouse gas emissions from new, modified, and existing fossil-fuel fired power plants.

Pur-suant to a settlement finalized in MarchEPA has committed to issuing a final rule by May The lawsuits considered here began well before EPA initiated ef-forts to regulate greenhouse gases. Greenhouse gas, any gas that has the property of absorbing infrared radiation (net heat energy) emitted from Earth’s surface and reradiating it back to Earth’s surface, thus contributing to the greenhouse effect.

Carbon dioxide, methane, and water vapour are the most important greenhouse gases. (To a lesser extent, surface-level ozone, nitrous oxides, and fluorinated gases also trap.

The, United States Environmental Protection Agency (EPA) began regulating greenhouse gases (GHGs) under the Clean Air Act ("CAA" or "Act") from mobile and stationary sources of air pollution for the first time on January 2, Standards for mobile sources have been established pursuant to Section of the CAA, and GHGs from stationary sources are currently controlled under the.

Courts Follow Landmark 2nd Circuit Ruling With 2 Greenhouse Gas Decisions ell-settled principles of tort and public nuisance law provide appropriate guidance to the district court in assessing Plaintiffs' claims and federal courts are competent to deal with these issues' such that their global warming concerns can 'be addressed through.

A new article, focused on litigation against greenhouse gas emitters is based on an analysis of federal and state lawsuits and the pleading patterns that. Electricity Sector Emissions. Total Emissions in = 6, Million Metric Tons of CO 2 tages may not add up to % due to independent rounding.

* Land Use, Land-Use Change, and Forestry in the United States is a net sink and offsets approximately 12 percent of these greenhouse gas emissions, this emissions offset is not included in total above.

Litigation over how these new regulations affect the role of climate change in NEPA analysis is all but certain. CEQ is expected to issue guidance on. A coalition of states and conservation groups sought to use public-nuisance law to compel five energy companies to curb greenhouse gases linked to.

Environmental and Toxic Tort Litigation. Katy applies her environmental regulatory experience and knowledge to complex toxic tort and environmental litigation. She helps to defend toxic tort lawsuits in state and federal courts around the country and represents companies against federal and state lawsuits brought under environmental statutes.

The Baker Botts environmental practice is one of the largest and most diverse in the country, combining decades of experience and a wide array of skills to assist clients in resolving issues arising in all media and under every major environmental statute and regulatory program.

Founded inJenner & Block is a law firm of international reach with more than lawyers. Our firm has been widely recognized for producing outstanding results in corporate transactions and securing significant litigation victories from the trial level through the United States Supreme Court.

#JennerBlockMissing: Greenhouse gas. Up in the Air: Will California’s Methane Gas Mitigation Laws and Policies Lower Global Greenhouse Emissions. Catherine Keske ; How Green is the “Green Rush”.

Recognizing the Environmental Concerns Facing the Cannabis Industry. Christopher D. Strunk & Mackenzie S. Schoonmaker   A court in the Netherlands orders the government to cut greenhouse gas emissions by at least 25% byin a class action suit launched by activists.

It’s called the greenhouse effect because it works exactly like a greenhouse in which you grow a lot of the fruit that you eat here. This is what’s causing climate change. It’s a huge irony that the very same layer of gases that has made life possible on Earth from the beginning now makes possible the greatest threat that the planet has.

Represented of industrial and energy clients regarding rulemaking and compliance with California’s AB 32 greenhouse gas legislation and federal climate change. Represented Fortune Chemical Company as a PRP in a private CERCLA recovery action at an ongoing Superfund site. Managed complex litigation strategy and multiple Case Management Orders.

"Big Oil Seeks Supreme Court Ruling to Derail Climate Litigation" "A set of “extraordinary” claims seeking to hold the oil and gas industry liable for greenhouse gas emissions belongs in federal court, industry lawyers told the U.S.

Supreme Court in a new brief that aims to undermine climate litigation across the country. A court in The Hague has ordered the Dutch government to cut its emissions by at least 25% within five years, in a landmark ruling expected to cause ripples around the world.

The litigation represents a new front of climate action, with citizens aiming to force stronger moves to cut carbon emissions, and win damages to pay the .Vanessa’s practice focuses on environmental and toxic tort litigation, representing clients before state and federal environmental agencies.

She has experience in hazardous waste laws, including Resource Conservation and Recovery Act (RCRA) enforcement actions, RCRA corrective action plans.Justices rule that the national agency is more appropriate than federal judges in issuing rules on greenhouse gas emissions.

the threat of federal ‘climate change tort litigation.’.

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