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Industry: Climate Change
July 10, 2012 Briefing D.C. Circuit Upholds EPA’s Greenhouse Gas Rules
On June 26, 2012, the U.S. Court of Appeals for the D.C. Circuit upheld four of EPA’s greenhouse gas rulemakings against challenges from industry groups and states in Coalition for Responsible Regulation v. EPA.
April 12, 2012 Briefing U.S. Supreme Court Holds that Clean Water Act Administrative Compliance Order can be Challenged in Court
In its March 21, 2012, decision in No. 10-1062, Sackett v. EPA, the Supreme Court of the United States unanimously held that an administrative compliance order EPA issued under the Clean Water Act was immediately reviewable in federal court under Chapter 7 of the Administrative Procedure Act even though the order purported to require only “voluntary compliance” subject to further administrative consideration.
July 8, 2011 Briefing U.S. Supreme Court Issues Decision Concerning Liability for Global Warming
In an 8-0 decision, the Supreme Court recently foreclosed the possibility of plaintiffs bringing federal common law public nuisance claims against those who allegedly contribute to global warming by emitting carbon dioxide.
June 23, 2011 Briefing Supreme Court Says No to Climate Change Nuisance Claims
On June 20, 2011, the United States Supreme Court issued a decision by a vote of 8-0 in American Electric Power Co., Inc. v. Connecticut, a climate change public nuisance case on appeal from the Second Circuit Court of Appeals.
March 17, 2010 Briefing Shareholders Seek Coal Ash Management Controls
Flush with victory after the Securities and Exchange Commission issued long-sought guidance on climate change disclosures, environmental activist shareholder groups have a new target in their cross-hairs—coal-fired power plant companies that manage coal ash in large, unlined surface impoundments.
February 26, 2010 Briefing SEC Issues Guidance on Climate Change Disclosures
On February 8, 2010, the Securities and Exchange Commision published in the Federal Register interpretive guidance on mandatory disclosures regarding climate change risks and opportunities. The guidance followed on the heels of a somewhat contentious discussion and a 3-2 vote in late January by the Commissioners, some of whom felt the push for such guidance was politically motivated and unnecessary.
February 5, 2010 Briefing Developments in United States and International Regulation of Greenhouse Gas Emissions and Markets
This past year saw much activity in the United States on the climate change front, including developments in Greenhouse Gas emissions and related commodity and derivatives trading regulation.
December 11, 2009 Briefing EPA Finalizes GHG Endangerment and Cause-or-Contribute Findings
In April of this year, we alerted you to the Environmental Protection Agency’s (EPA) proposed findings that (1) the current and projected concentration of six key greenhouse gases in the atmosphere threatens the public health and welfare (the proposed endangerment finding), and that (2) the combined emissions of these GHGs from new motor vehicles contribute to this concentration, which threatens the public health and welfare (the proposed cause-or-contribute finding).
October 2, 2009 Briefing Second Circuit Rules Parties May Sue Greenhouse Gas Emitters Under Nuisance Claim
In a decision that should raise flags across the country in boardrooms of companies with significant greenhouse gas emissions, the United States Court of Appeals for the Second Circuit recently overturned a federal district court decision and ruled in favor of the plaintiffs in a climate change lawsuit based on a federal common law nuisance claim against six private power companies that operate coal-fired power plants in 20 states.
September 24, 2009 Briefing EPA Finalizes Greenhouse Gas Reporting Rule
In March of this year we alerted you to the Environmental Protection Agency’s proposed rule to require the reporting of greenhouse gas emissions from large sources of GHGs.
September 2009 Article Hot Topics in Environmental Disclosure: Climate Risk Disclosure Obligations and Developments
Firm Authors: May Wall