Climate Change Nuisance Litigation

Emerging Trends and Defense Strategies for Global Warming Claims

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Tuesday, June 22, 2010
Recorded event now available


This CLE webinar will prepare counsel to identify and deal with the risks of climate change nuisance claims. The panel will review the substance and implications of key recent rulings and outline ways to neutralize and defend against such claims.

Description

Corporate defendants are facing more common law nuisance actions related to climate change. Recently, federal courts have decided three key cases on this issue: Connecticut v. American Elec. Power Co., Comer v. Murphy Oil, and Native Village of Kivalina v. ExxonMobil.

The courts have reached contrary results when determining which public nuisance claims can go forward or whether standing or political question matters require dismissal. Potential plaintiffs and defendants are thus left with much uncertainty about climate change nuisance claims.

With verdicts and settlements in the millions, companies with potential exposure in environmental contamination, climate change or greenhouse gas emissions must understand the risks of nuisance claims and be ready to defend against them.

Listen as our authoritative panel of environmental attorneys examines key nuisance decisions regarding climate change issues, the implications of the decisions, and recent trends in climate change nuisance litigation. The panel will offer their strategies for defending against nuisance litigation.

Outline

  1. Climate change nuisance litigation
    1. Connecticut v. American Electric Power Co.
    2. Comer v. Murphy Oil
    3. Native Village of Kivilina v. ExxonMobil
  2. Trends
    1. Standing
    2. Showing of injury
    3. Damages
  3. Best practices to neutralize and defend nuisance claims

Benefits

The panel will review these and other key questions:

  • What must plaintiffs demonstrate in order to pursue climate change nuisance claims for damages?
  • How do recent federal court rulings impact climate change nuisance cases?
  • What strategies can companies use to defend against claims of climate change nuisance?

Faculty

R. Trent Taylor, Partner
McGuireWoods, Richmond, Va.

His litigation practice includes energy and environmental matters, and he is a frequent speaker and writer on related topics, including hydraulic fracking. He focuses on defending complex toxic tort and products liability cases and matters involving complex scientific and medical issues.

Scott D. Deatherage, Partner
Thompson & Knight, Dallas

He leads the Climate Change and Renewable Energy practice and advises on climate change and greenhouse gas legislation and the effect on corporate strategy to manage risks and leverage opportunity. He is experienced in drafting environmental disclosure statements for Securities and Exchange Commission documents and assessing the impact of the Sarbanes–Oxley Act on such disclosures.

Christina M. Carroll, Partner
McKenna Long & Aldridge, Washington, D.C.

She focuses on complex litigation including insurance, toxic tort, and environmental litigation. She counsels clients on the potential risks and opportunities associated with climate change. She represents regulated businesses and government contractors facing personal injury, property damage, and CERCLA claims arising out of distribution of products or air, surface, or groundwater contamination.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, GA, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, GA, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $49.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $49.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $49.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

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CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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Customer Reviews

The program was very well organized and the speakers were prepared.

Marti Sharp

Kell Alterman & Runstein

The presenters were lucid, articulate, and informative. The seminar exceeded my expectations.

Irvin Slate

Slate Law Office

I was impressed with the examples and the practical applications of the concepts.

Connie Sue Martin

Bullivant Houser Bailey

The real case examples and case citations were very helpful.

Tyler Wilkinson

Axley Brynelson, LLP

Convenient and well-organized.  Well-run program.

Michael V. Kruljac

IMERYS

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Environmental Law Advisory Board

John J. Allen

Partner

Allen Matkins

Albert M. Cohen

Partner

Loeb & Loeb

Aaron Courtney

Of Counsel

Stoel Rives

Andrew N. Davis

Partner

Shipman & Goodwin

Paul E. Gutermann

Partner

Akin Gump Strauss Hauer & Feld

Brian D. Israel

Partner

Arnold & Porter

Thomas J. P. McHenry

Partner

Gibson Dunn & Crutcher

Reed D. Rubinstein

Partner

Dinsmore & Shohl

Jeffrey A. Smith

Partner

Cravath Swaine & Moore

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche

Partner

Bryan Cave

or call 1-800-926-7926

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