J. Wylie Donald

J. Wylie Donald

McCarter & English, LLP

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Alaska Supreme Court Opens the Door for Alternative Theory in Public Trust Litigation

As this blog has discussed on several prior occasions, Our Children’s Trust, an Oregon public interest group, has coordinated lawsuits in numerous states seeking to apply the public trust doctrine to the atmosphere. While...more

9/29/2014 - Carbon Emissions Environmental Liability Environmental Policies Greenhouse Gas Emissions Public Trust Doctrine

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

Our semi-annual look at the top climate change legal stories is keyed on EPA. You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA. But other things have stirred the pot as well: three...more

7/9/2014 - Carbon Emissions Clean Power Plan Climate Change Environmental Policies EPA Greenhouse Gas Emissions Popular Power Plants SCOTUS Utilities Sector Utility Air Regulatory Group v EPA

Report On Carbon Capture And Storage From The House

Would an 80% premium steer you away from an energy source that was low-carbon, naturally abundant in the United States, not subject to the vicissitudes of weather, incapable of nuclear meltdown and accompanied by a...more

2/21/2014 - Carbon Capture and Sequestration Carbon Emissions Environmental Policies Greenhouse Gas Emissions

The Top 6 At 12: Highlights Of The Top Climate Change Legal Stories In The Second Half Of 2013

2013 has drawn to a close; here is our take on the top six climate change legal stories in the last six months. 1. Climate Change Assessments - Blockbuster legislation may have been evaded once more but that has not...more

1/2/2014 - Carbon Emissions Climate Change Environmental Policies Fuel Standards Greenhouse Gas Emissions

EPA Excludes Carbon Dioxide Waste Streams From RCRA - A (Very Small) Step Forward For CCS

The Congress may be dysfunctional but the administrative agencies are still moving the ball. A case in point is last week’s Christmas present from EPA to the carbon capture and storage community. ...more

12/27/2013 - Carbon Capture and Sequestration Carbon Emissions Environmental Policies EPA Greenhouse Gas Emissions RCRA

Despite Bell, State Law CO2 Liability Claims Are Doomed

“Therefore, the court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical...more

11/11/2013 - Carbon Emissions Environmental Claims Oil & Gas

Whatever Happened To State Law Carbon Dioxide Liability Claims? Still No Music After Bell

“Therefore, the Court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical...more

10/28/2013 - Carbon Emissions Clean Air Act Environmental Claims Environmental Policies Preemption

New Mexico Court Refuses To Take Steps To Apply Public Trust Doctrine To The Atmosphere

Two years ago, we observed a potentially startling development in climate change litigation: “On Monday, May 4, [2011] in state courts across the nation lawyers representing children and young adults filed (and apparently...more

8/23/2013 - Carbon Emissions Climate Change Environmental Policies Greenhouse Gas Emissions Trusts

'Deferral Rule' Is Derailed - Biogenic Greenhouse Gas Emitters Stand By To Be Regulated

The greenhouse gas rule you’ve never heard of, the Deferral Rule, was shot down (barely) by the D.C. Circuit last week. See Center for Biological Diversity v. Environmental Protection Agency, No. 11-1101 (D.C. Cir., July 12,...more

7/22/2013 - Biomass Carbon Emissions Climate Change Energy & Climate Debates EPA Greenhouse Gas Emissions New Regulations

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