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 …Continue Reading »
US Supreme Court overturns States GHG Lawsuit
June 20, 2011 By 2 Comments
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 »