Common Sense Kiss of Death for Climate Change Lawsuits

The decision by the United States Court of Appeals for the Ninth Circuit in Native Village of Kivalina v. ExxonMobil Corp., No. 09-17490, 2012 U.S. App. LEXIS 19870 (9th Cir. Sept. 21, 2012) if left standing has the practical effect of ending the way environmental law claims are decided.  In a unanimous decision, the Appeals Court dismissed the case against XOM and other oil, energy and utilities companies alleging that their greenhouse gas emissions threaten the defendants’ property and other …Continue Reading »

US Supreme Court overturns States GHG Lawsuit

The US Supreme Court decision June 20th in American Electric Power versus Connecticut (No. 10-174) rejecting a lawsuit by seven states which sought to draw the courts into setting greenhouse gas emissions targets was an exercise in both common sense and self-defense. Here is my take on the implications of the decision for the energy industry: Utilities will claim victory that the courts turned back attempts by the states to interpose themselves between the US EPA and utilities by asking the …Continue Reading »