Climate Change: Litigation
We have been involved in many of the principal litigated cases involving carbon dioxide.
Representative Experience
- The firm represented a client in an amicus brief regarding consideration of greenhouse gas emission in EIS. [see brief June 4, 2010]
- The firm represented a client in the landmark case of Massachusetts v. EPA, determining that greenhouse gases are Clean Air Act air pollutants. The firm filed comments before the EPA during the rulemaking process and briefs before the U.S. Court of Appeals for the D.C. Circuit and the Supreme Court. [see brief October 24, 2006, see brief November 2, 2004]
- The firm represented a client in Connecticut v. American Electric Power Co., a federal lawsuit in which eight states and three environmental organizations attempted to use tort law to hold five electric utilities liable for greenhouse gas emissions. [see brief, see American Farm Bureau Federation & National Mining Association brief, see National Black Chamber of Commerce & Affordable Power Alliance brief]
- The firm represented a client in Comer v. Murphy Oil, a federal lawsuit in which Mississippi residents attempted to use tort law to hold numerous industrial companies liable on a theory that their greenhouse gas emissions intensified Hurricane Katrina. [see American Farm Bureau Federation & Affordable Power Alliance brief, see industry groups’ brief]
- The firm represented clients developing coal-fired electric generation in litigated permit proceedings in several states in which the greenhouse gas emissions of these projects became a key litigated issue.
- The firm coordinated and was the principal author of two amicus briefs in the Georgia Court of Appeals on behalf of approximately 100 businesses and business groups on the issue of whether greenhouse gas emissions must be regulated in preconstruction air permits. [see brief]
- The firm filed a brief in a leading case before the U.S. EPA Environmental Appeals Board on whether Clean Air Act preconstruction air permits must include greenhouse gas emission requirements. [see brief]