Climate Change Regulations: Strategies for Reducing Corporate Risks and Liabilities
Prepare Now as Pressure Mounts for Tougher Federal Oversight
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, October 8, 2008
Recorded event now available
On July 31, California, Connecticut, New Jersey, Oregon, Pennsylvania and New York City joined with environmental groups to file a notice of intent to sue the EPA in an effort to force the agency to establish standards to reduce GHGs from ships, aircraft and off-road vehicles in this country.
The U.S. Supreme Court ruled last year that the EPA has the authority to regulate emissions linked to climate change, but the agency has not yet acted.
State and local governments and environmental groups are pushing American companies to address global warming and greenhouse gas emission (GHG) issues through their own legislation, regulations and even lawsuits to hold companies accountable for emissions that contribute to climate change.
The federal government thus far has done little — are the actions by states and environmental groups a precursor to change by a new White House?
Listen as our authoritative panel of environmental attorneys reviews the current state of the law and regulation affecting climate change issues for U.S. companies. The panel will discuss strategies that businesses should consider implementing now to reduce the risks and liabilities related to GHGs.
- International and national context
- Kyoto Protocol: ratification and obligations
- U.S. refusal to ratify Kyoto Protocol
- U.S. actions
- Regulatory action
- Potential liability concerns for corporations
- D&O liability
- Shareholder initiatives
- SEC disclosures
- Insurance industry response
- Litigation against major GHG emitters
- Developing a response
- Responding to Climate Change
- New kinds of business risks
- New paradigms: Natural step, biomimicry, closed-loop, energy-IT swap
- Business implications of pending judicial and international regulatory initiatives
- Developing a plan to manage risk
- Business opportunities
- Renewable energy development
- Energy conservation
- Emissions controls and sequestration
- Clean Development Mechanism/Joint Implementation projects
- Anticipating likely federal actions
- Agency action
- Political outlook
- Transition issues should U.S. join Kyoto or post-Kyoto
The panel will review these and other key questions:
- What is the current state of the state and federal regulatory environment concerning climate change?
- What are the potential legal exposures for companies whose operations involve potentially harmful emissions — and how can those risks be mitigated?
- What are the key elements of an effective response plan for businesses dealing with climate change risks and liabilities?
Michael B. Gerrard, Center for Climate Change Law
Columbia Law School, New York
He joined the Columbia law faculty in January and became Senior Counsel to Arnold & Porter, where he practiced environmental law and was the managing partner of the New York office. He handled the environmental aspects of numerous transactions and development projects, and provided regulatory compliance advice to clients in both the private and public sectors.
Jeffrey A. Smith, Partner
Cravath Swaine & Moore, New York
His practice encompasses environmental matters relating to financings, underwritings and mergers and acquisitions, nationally and internationally in all industries, including the financial sector. He provides day-to-day counseling on environmental regulatory and compliance issues and advice on environmental litigation, including mass toxic torts and asbestos defense and related insurance issues.
Andrew McKeon, Principal
carbonRational, New York
He is the founder of carbonRational and one of its principals. He focuses on how sound management theory points towards addressing anthropogenic climate change at a systems level.
Online CLE - Audio Recording
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Includes full event recording plus handouts (available after live seminar).
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