J. Wylie Donald

J. Wylie Donald

McCarter & English, LLP

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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

Native Village Of Kivalina Files Its Petition For Certiorari - A Five-Year Climate Change Litigation Marathon That Has Yet To...

One day short of five years since the case was originally filed, on February 25, 2013 the plaintiffs in Native Village of Kivalina v. ExxonMobil Corp. attempt once more to get out of the starting blocks, this time with a...more

3/18/2013 - Certiorari Clean Air Act Climate Change Damages Greenhouse Gas Emissions Native Village of Kivalina v ExxonMobil Corp. SCOTUS

Western Pa.'s Take On Carbon Dioxide Liability Claims

Originally published in Law360 on December 17, 2012. Left open by the U.S. Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance...more

12/20/2012 - Clean Air Act Greenhouse Gas Emissions Injunctions Nuisance Preemption

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