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Another Judicial Assault On GHG Emissions

The federal courts barred federal common law nuisance actions to obtain money damages or injunctive relief. American Elec. Power Co. v. Connecticut, 131 S. Ct. 2527 (2011)(holding nuisance claims seeking injunctive relief...more

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

Third Circuit Decision Finding No CAA Preemption of State Law Nuisance Creates Apparent Split With Fourth Circuit

A recent case from the Third Circuit has muddied the waters for emissions facilities complying with Clean Air Act (“CAA”) permits. In Bell v. Cheswick Generating Station, 2013 WL 4418637 (Aug. 20, 2013), the Third Circuit...more

Second Circuit Affirms Exxon Judgment, Rejects Clean Air Act Preemption Argument

Exxon Mobil Corp. must pay up, so said a three judge panel of the Second Circuit late last month. Opening the door to a flood of litigation concerning the gasoline additive MTBE, the Second Circuit affirmed a jury verdict...more

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

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

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

U.S. District Court Holds that Federal Clean Air Act Preempts Pennsylvania State Law Common Law Tort Claims

On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. 2:12-cv-929, holding that state...more

Last Federal Climate Change Case Dismissed by Ninth Circuit

Last Friday, the Ninth Circuit dismissed the last climate change lawsuit still pending in the federal courts to the best of my knowledge. Native Village of Kivalina v. ExxonMobil Corp. was a lawsuit by a small Alaskan village...more

Ninth Circuit Displaces Kivalina v. ExxonMobil Climate Change Liability Case

In litigation concerning liability for the emission of greenhouse gases, the federal common law of nuisance is displaced by the Clean Air Act. This is not news. It was established by the Supreme Court over a year ago in...more

Supreme Court Issues Decision in: American Electric Power Co. v. Connecticut - Clean Air Act Displaces Federal Common Law Claims...

Today, the Supreme Court issued a decision rejecting an attempt to hold private companies liable in tort for greenhouse gas emissions alleged to contribute to global climate change. In an 8-0 decision, the Court held that...more

Supreme Court Rejects States’ Nuisance Claims But Leaves Door Open to Future Climate Change Lawsuits

Today, the U.S. Supreme Court ruled in American Electric Power v. Connecticut that federal common law nuisance claims cannot be used to address harms arising from climate change. In 2004, eight states, New York City, and...more

Supreme Court to Hear Appeal of Connecticut v. American Electric Power

The Supreme Court of the United States has granted certiorari in the Second Circuit's Connecticut v. American Electric Power decision, which allowed federal common law nuisance claims to proceed against several utilities...more

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