EPA's New Greenhouse Gas Reporting Rule and the Second Circuit's Ruling on Public Nuisance Claims

Description

On Sept. 23, 2009, the EPA finalized greenhouse gas (GHG) reporting rules that establish the first comprehensive national greenhouse gas emissions collection and reporting program. The rules require as many as 10,000 facilities to measure and report their GHG emissions.

The day before, the Second Circuit Court of Appeals revived a public nuisance suit against five power companies that alleged they contributed to global warming through their emissions. This ruling reinvigorates claims against entities that seek protection from tort claims related to climate change.

Counsel advising businesses with potential GHG emission issues must understand the GHG reporting rule and its implications, as well as the impact of the Second Circuit’s ruling in Connecticut v. AEP.

Listen as our authoritative panel of environmental and energy attorneys examines the new GHG reporting rule, the implications for businesses, and strategies for complying with the new rule. The panel will also discuss the Second Circuit’s decision and its implications for companies with GHG emissions.

Outline

1. GHG reporting rule
   1. Covered gases
   2. Covered facilities
   3. Monitoring and measurement approach
   4. Certification and verification
2. Complying with the new rule
3. Conn. v. AEP
   1. Political question
   2. Standing
   3. Federal common law nuisance claim
4. Implications of the GHG reporting rule and Conn. v. AEP decision
   1. On environmental disclosure
   2. On corporate governance
   3. On directors’ duties
   4. On voluntary disclosure of GHG emissions
   5. On the need to begin reducing GHG emissions
   6. On generally developing or refining a corporate climate change strategy

Benefits

The panel will review these and other key questions:

• What do the new reporting rules require? What facilities are covered under the rules?
• What financial disclosure and corporate strategies should companies develop as a result of the new rules?
• What does the Second Circuit's reinstatement of the public nuisance claim mean for companies that utilize fossil fuel?

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