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State Common Law Carbon Dioxide Liability Claims: Premonitions of Preemption (and Dismissal)

Left open by the Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance claims for the emission of carbon dioxide were viable in the...more

INSIGHTS - Patton Boggs Safety & Health and Crisis Management Newsletter - October 2012

In This Issue: 1. Rockefeller Reintroduces Mine Reform Legislation 2. Whistleblower Protections Added to Highway Bill 3. GAO Endorses Studies Supporting Black Lung Rule 4. Demolition, Underground Construction...more

Ninth Circuit Affirms District Court in Kivalina Climate-Change Case

On Friday, September 21, 2012, the Ninth Circuit Court of Appeals issued an important opinion in the developing area of climate-change litigation, affirming the dismissal of a lawsuit that threatened the energy sector with...more

Another Nail in the Public Nuisance Litigation Coffin: The 9th Circuit Affirms Dismissal of the Kivalina Claims

On Friday, in Native Village of Kivalina v. ExxonMobil,the 9th Circuit Court of Appeals may have sounded the death knell for public nuisance litigation concerning the impacts of climate change, affirming dismissal of the...more

INSIGHTS - Patton Boggs Safety and Health Newsletter - July 2012

In This Issue: - Obama Directive Aims to Ease Regulatory Burden - Kline Seeks Data on Advance Notice, MSHA Injuries - OSHA Inconsistent on Safety Incentive Program Criteria, GAO Says - IARC Claims Diesel...more

MSHA’S Final Rule on Examinations -- The Ultimate "Catch-22" for Coal Mine Operators

On April 6, 2012, the Mine Safety and Health Administration (“MSHA”) unveiled its final rule in the Federal Register entitled “Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Health and Safety...more

Carbon Dioxide Emissions Not Subject to Federal Common Law Nuisance Claims

In the battle over climate change, the Supreme Court once again set an important precedent in American Electric Power Co., Inc. v. Connecticut (“American Electric Power”). In an 8-0 decision written by Justice Ginsburg...more

McAfee & Taft RegLINC: Supreme Court prohibits federal common law nuisance suits seeking limits on carbon dioxide emissions By...

By a vote of 8 – 0, the United States Supreme Court recently ruled that congressional delegation of authority to EPA to regulate pollutants under the Clean Air Act (“Act”) speaks directly to regulation of carbon dioxide...more

McAfee & Taft RegLINC - July 2011

INSIDE THIS ISSUE 1 Senate committee reauthorizes pipeline safety programs 2 Report on carcinogens lists Styrene as “reasonably anticipated to be human carcinogen” 2 National Transportation Safety Board finds...more

Supreme Court Decides Global Warming Case

In the third of our trilogy this week, let's take a look at the Supreme Court's decision in American Electric Power Co. v. Connecticut, No. 10-174 (U.S. 6/20/11). Readers may recall from our previous posts that in 2004,...more

Superior Court's Injunction Preventing California's Cap and Trade Program Has Been Stayed...Right?

Until recently, Association of Irritated Residents v. California Air Resources Board proceeded along the litigation path as smoothly as any environmental challenge might. However, things took an unexpected twist last week...more

Can I Sue My Neighbor Under Nuisance Law for Contributing to Climate Change?

The Supreme Court’s AEP vs. Connecticut: A Case of “What Will Kennedy Decide”? Yet again, climate law watchers – those who want greenhouse gas (“GHG”) emissions further reduced, as well as those who would be most affected...more

U.S. Supreme Court Takes Another Run At Climate Change

Tuesday, April 19, will be a watershed day for climate change litigation as the U.S. Supreme Court hears oral argument in American Electric Power v. Connecticut. At stake is whether states and private parties should be...more

Real Estate News Alert- Volume 19, Number 3 - January 2009

Can bad cases ever make good law? Maybe in the case of homeowners Richard Treanor and Carolynn Bissett who were criminally prosecuted under the Solar Shade Control Act (“SSCA”) because their pre-existing trees cast shadows...more

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