Test - environmental laws

Legal Challenge Seeks to Force US Government Action on Climate Change

In light of the failure of the US Congress to address climate change, legal actions have been filed in all 50 states to force government action on climate change.

The lawsuits are being led by an Oregon-based nonprofit called Our Children’s Trust, they argue that key agencies have failed to protect the earth’s atmosphere for future generations. The lawsuits seek to have the atmosphere declared a “public trust” deserving special protection. The same approach was successfully used to clean up polluted rivers and coastlines.

Regulatory petitions are asking state environmental agencies to tighten restrictions on vehicle and industrial emissions. State-level lawsuits have been filed in Alaska, Arizona, California, Colorado, Massachusetts, Minnesota, Montana, New Mexico, Oregon and Washington. In addition, a federal lawsuit is being filed in California.

Earlier this year several states sought to reign in power plant emissions by asking the US Supreme Court to declare them a public nuisance. The pending decision in the public nuisance case will heavily influence the outcome of the state-level lawsuits.

There is strong opposition from Republicans as well as concerns that these kinds of public policy issues are better addressed in either the state legislatures or Congress. The outcome hinges on whether the courts decide that they have the authority to rule on this issue. Even if they are only partially successful these efforts could drive new regulations to reign in US greenhouse gas emissions.

© 2011, Richard Matthews. All rights reserved.

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Course of Study: Climate Change and the Law

This important learning opportunity will provide an overview of climate change and “clean energy” regulatory regimes at the state, federal, and international levels. Participants will learn about the likely future developments and implications for clients, practice tips and pitfalls, and ethics issues. This event is the fifth annual ALI-ABA Course of Study and is cosponsored by the Environmental Law Institute. It will take place on April 7-8, 2011, at ALI-ABA in Washington DC, USA.

For those who practice environmental, regulatory, energy, resources, administrative, corporate, or securities law, climate change presents both risks and opportunities. Although there is uncertainty as to the shape of future federal regulation, there is little doubt that climate change will continue to be a driver of risk and reward for companies and law firms. The course will focus on the key policy and legal elements that contribute to climate law and policy, and how this quickly changing landscape could affect your clients. This course is intended to provide both the practical understanding and necessary skills to do this successfully.

This year’s program not only features two keynote addresses by high-ranking federal administrators, but also includes officials from across federal and state agencies who reflect the various political and policy approaches to climate change that you and your clients will confront.

The U.S. Environmental Protection Agency now requires reporting of greenhouse gas emissions, and broad EPA regulation of such gases may be around the corner. States and regions across the country are implementing both sector-specific and economy-wide regulatory regimes. Federal circuit courts of appeals have given the green light to tort suits seeking damages and injunctions against companies for climate emissions.

This course provides an overview of climate change and “clean energy” regulatory regimes at the state, federal, and international levels. Learn about likely future developments and implications for clients, practice tips and pitfalls, and ethics issues.

Top federal and state officials and practitioners will explain and discuss:

Greenhouse gas reporting at the EPA, CEQ, and SEC

Regulation of greenhouse gases under the Clean Air Act

Regional, state, and local regulation

International negotiations and trade

Developments on the Hill

Climate change in the courts

Regulation of fuels and renewable energy

Those involved with teaching this course will provide detailed, in-depth, and practically oriented insights into this new field, with presentations ranging from regulatory structures on the international, national, regional, and state levels to explorations of pending legislation and its impact on your clients’ transactions.

Keynote speakers include:

David J. Hayes, Deputy Secretary, U.S. Department of the Interior, Washington, D.C.