Supreme Court Grants Cert in Connecticut v. AEP
Global Climate Law Blog's Newsfeed
Mon, 06 Dec 2010 16:56 Eastern
The Supreme Court has granted the petition for certiorari filed by the defendant-appellees in Connecticut v. Am. Elec. Power Co (“AEP”). In prior posts, we discussed the details of this litigation and its long path through the
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Talking and Litigating About Climate Science
Global Climate Law Blog's Newsfeed
Tue, 12 Oct 2010 13:50 Eastern
Tapio Levä
Internet; scenario analysis; network architecture; value distribution
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Cert Petition in Public Nuisance Case Awaits Consideration
Global Climate Law Blog's Newsfeed
Fri, 08 Oct 2010 12:10 Eastern
Awaiting the United States Supreme Court’s consideration this term is the petition for certiorari filed by the defendant-appellees in Connecticut v. Am. Elec. Power Co (“AEP”). In prior posts, we discussed this lit
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FTC Proposes Revisions to Green Guides
Global Climate Law Blog's Newsfeed
Thu, 07 Oct 2010 12:17 Eastern
Yesterday the Federal Trade Commission proposed revisions to its Green Guides – “the guidance that it gives marketers to help them avoid making misleading environmental claims.” The Green Guides were first issued in 1992, but have n
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USEPA GHG Finding Triggers Reviews and Reconsiderations of Global Warming Science
Global Climate Law Blog's Newsfeed
Wed, 17 Mar 2010 10:40 Eastern
Over ten years have passed since EPA was petitioned, in October 1999, by 19 private organizations asking EPA to regulate greenhouse gas emissions from new motor vehicles. A decade later, the issue continues to be fraught with controversy. The 1999 pe
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Green Patents: International Trade Commission terminates investigation into allegations of infringement of wind turbine technology patents
Global Climate Law Blog's Newsfeed
Fri, 19 Feb 2010 09:14 Eastern
Co-authored with Cyrus Frelinghuysen.
On January 8, 2010, the US International Trade Commission (ITC) issued a notice of its decision to terminate a Section 337 investigation into whether Mitsubishi Heavy Industries Ltd. and two of its subsidiaries h
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SEC Issues Climate Change Disclosure Guidance - Not a Statement Regarding Climate Change "Facts"
Global Climate Law Blog's Newsfeed
Tue, 02 Feb 2010 09:19 Eastern
On January 27, 2010 the Security Exchange Commission (SEC) announced it had voted approval to issue “interpretative guidance” on the existing disclosure requirements as they apply to business and legal developments relating to climate cha
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California requires greenhouse gas emissions to be part of environmental impact calculus
Global Climate Law Blog's Newsfeed
Fri, 15 Jan 2010 11:26 Eastern
Greenhouse gas emissions are officially factors to be considered in determining the environmental impact of local projects in California. On December 30, 2009, the California Natural Resources Agency adopted amended guidelines to aid public agencies
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EPA endangerment finding and petition for review - the court battle over GHG regulation begins
Global Climate Law Blog's Newsfeed
Thu, 14 Jan 2010 14:00 Eastern
On December 23, 2009, a Petition for Review was filed in the U.S. Court of Appeals for the D.C. Circuit challenging the US Environmental Protection Agency’s (USEPA) final action and its December 7, 2009 findings that: 1) new motor vehicles and
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Regional Greenhouse Gas Initiative (RGGI) litigation settled
Global Climate Law Blog's Newsfeed
Wed, 06 Jan 2010 13:57 Eastern
The New York State Energy Research and Development Authority (NYSERDA), New York State Department of Environmental Conservation (DEC) and New York State Public Service Commission have announced a settlement of Indeck Energy’s challenge to the l
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U.S. PTO launches Green Technology Pilot Program to fast track processing of green patents
Global Climate Law Blog's Newsfeed
Mon, 14 Dec 2009 09:26 Eastern
Co-authored with Cyrus Frelinghuysen.
On December 7th, just hours before the United Nations Climate Change Conference was set to begin in Copenhagen, the U.S. Patent and Trademark Office (PTO) announced the launch of its Green Technology Pilot Progra
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EPA makes endangerment finding for greenhouse gases
Global Climate Law Blog's Newsfeed
Mon, 07 Dec 2009 16:05 Eastern
In a bold move that attempts to force the Senate’s hand on climate change legislation, the U.S. EPA today announced a final rule that regulates greenhouse gases as an air “pollutant” under the federal Clean Air Act. In announci
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Friends of the Earth challenges Federal Government of Canada's failure to act on climate law
Global Climate Law Blog's Newsfeed
Tue, 01 Dec 2009 09:58 Eastern
Friends of the Earth Canada, represented by Ecojustice and Paliare Roland Barristers, recently argued before the Canadian Federal Court of Appeal that the federal government is in violation of a Canadian law that requires Canada to take action to mee
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AES resolves investigation by NY Attorney General Cuomo with agreement to disclose climate-change risks to investors
Global Climate Law Blog's Newsfeed
Mon, 23 Nov 2009 12:25 Eastern
In his latest use of New York's Martin Act as an environmental enforcement tool, on November 19, 2009, New York Attorney General Andrew M. Cuomo announced an agreement with The AES Corporation requiring AES to disclose material risks associated with
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Environmental advocates challenge permit for Centralia coal plant
Global Climate Law Blog's Newsfeed
Thu, 19 Nov 2009 10:34 Eastern
On November 2, EarthJustice filed a petition asking the EPA to block the renewal of an air pollution permit for TransAlta Corporation’s coal-burning power plant in Centralia, Washington. The Southwest Clean Air Agency (“SWCAA”) had
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SEC's Division of Corporate Finance revises guidelines for shareholder proposals covering climate risks
Global Climate Law Blog's Newsfeed
Tue, 10 Nov 2009 11:47 Eastern
On October 27, 2009, the SEC’s Division of Corporate Finance revised its guidelines regarding the grounds on which a public company can exclude from its proxy materials shareholder proposals relating to environmental, financial or health risks,
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EPA rejects permit for BP Whiting refinery
Global Climate Law Blog's Newsfeed
Mon, 02 Nov 2009 14:07 Eastern
On October 16, responding to a petition filed by environmental groups, US Environmental Protection Agency (EPA) Administrator Lisa Jackson objected to the operating permit issued by the Indiana Department of Environmental Management (IDEM) for BP Nor
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US Chamber of Commerce, National Automobile Dealers Association Seek Review of EPA Decision Allowing States to Regulate Emissions
Global Climate Law Blog's Newsfeed
Thu, 22 Oct 2009 17:53 Eastern
The US Chamber of Commerce and National Automobile Dealers Association (NADA) have filed a petition seeking review of the EPA’s decision to allow states to regulate automobile emissions. In a Nonbinding Statement of Issues filed Oct. 13, 2009,
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Fifth Circuit reverses Comer, joins Second Circuit in approving tort-based climate litigation
Global Climate Law Blog's Newsfeed
Mon, 19 Oct 2009 10:54 Eastern
In a long-awaited appellate decision in Comer v Murphy Oil, the United States Court of Appeals for the Fifth Circuit on Friday found that tort-based global warming litigation against insurance, oil, coal and chemical companies presents justiciable cl
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Kivalina global warming litigation dismissed on political question grounds
Global Climate Law Blog's Newsfeed
Fri, 16 Oct 2009 15:34 Eastern
In a carefully watched case in the Northern District of California, Judge Saundra Brown Armstrong has issued a ruling dismissing the Kivalina climate change lawsuit on grounds that: (1) it raises a non-justiciable political question, and (2) plaintif
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