Administrative Agency Energy & Utilities Personal Injury

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San Francisco Cannot Sue Federal Agency For Gas Explosion Under APA

Yesterday, the Ninth Circuit issued its Opinion in City & County of San Francisco v. US Department of Transportation, holding the City may not proceed against the Secretary of Transportation and the Pipeline and Hazardous...more

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

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

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

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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