Richard Faulk

Defendants Win "Round One" of Climate Change Fight in United States Supreme Court

In American Electric Power Co. v. Connecticut (“AEP”), the United States Supreme Court held that federal common law public nuisance claims seeking injunctive relief against emitters of greenhouse gases…more
| Civil Remedies, Energy & Utilities, Environmental Law, Insurance, Toxic Torts

Sustainable Development and Climate Change: Policy Choices in Uncertain Times

This presentation framed my recent speech at RTM Communication's Sustainable Development in San Franciso, California. It analyzes the policy choices available for sustainable development and climate change issues in the context…more
| Energy & Utilities, Environmental Law, Finance & Banking, International Law & Trade

Merits Brief to US Supreme Court in Public Nuisance Case Challenges "Standardless Liability"

Amicus Curiae Brief on the Merits: "Such a standardless exercise is not jurisprudential. Instead, it transforms courts across the United States into regulatory agencies, requires them to devise ad hoc standards for each…more
| Constitutional Law, Environmental Law, Toxic Torts
Atlantic Richfield Company, et al v. County of Santa Clara, et al

Amicus Curiae Brief Supporting Petition for Certiorari in United States Supreme Court

The Brief urges review of the California Supreme Court's ruling allowing public authorities to use contingent fee counsel to prosecute public nuisance cases. It asserts that granting private counsel financial interests in…more
| Constitutional Law, Environmental Law, Products Liability, Toxic Torts
Connecticut v. American Electric Power

Amicus Curiae Brief Supporting Petition for Certiorari

This US Supreme Court granted certiorari in this importantcase December 6, 2010. We are currently preparing an amicus brief on the merits, but this breif, which was submitted to support certiorari, previews our arguments…more
| Environmental Law

A Practical Guide to Environmental Law and Regulatory Compliance in Texas

History teaches us that the natural development of our land and resources has been a contentious undertaking. Until recently, the issues that today make up the corpus of “environmental law” were not to be found in…more
| Environmental Law

Uncommon Law: Ruminations on Public Nuisance

The ancient common tort of public nuisance is one of the most highly visible issues in modern tort jurisprudence. Its growth is particularly notable in climate change and environmental litigation, where it seems to be the…more
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