Greenhouse Gas Litigation
Emerging Trends and Strategies in a Dynamic Legal Landscape
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, March 3, 2009
Recorded event now available
This seminar will examine the legal trends and theories emerging in climate change litigation. The panel will offer their insights and perspectives for counsel who defend and prosecute claims on GHG emission — as well as practical and proactive measures for handling potential GHG claims.
Description
Because the global warming debate is triggering litigation by states, interest groups and private litigants seeking remedies for past or future injuries allegedly caused or likely to be caused by global warming, state governments and environmental groups are seeking relief in court.
The legal theories pursued in these lawsuits are based on a variety of federal and state laws and regulations, including the Clean Air Act, federal wildlife protection laws and energy statutes, common law tort, and state emission regulations and utility laws. Which theory or theories will hold up?
Counsel advising businesses with potential GHG emission issues must understand the scope of the wide-ranging legal theories involved and how the courts are dealing with suits alleging global warming or climate change damages.
Listen as our authoritative panel of counsel, who advise and defend companies on global warming issues, offers their perspectives on defending and prosecuting claims involving GHG emissions, as well as best practices and proactive measures for dealing with GHG claims before litigation.
Outline
- Trends in litigation/ Introduction/ Roadmap
- Who is suing
- What is being challenged and under what laws
- Is litigation the appropriate vehicle to address climate change?
- Court treatment
- Clean Air Act cases
- Federal preemption
- Coal plant litigation
- Tort suits
- NEPA cases
- Endangered Species Act cases
- Securities disclosure
- Issues/concerns and strategies for prosecuting and defending claims
- Subject matter jurisdiction
- Standing
- Demonstrating harm/injury
- Causation
- Political question doctrine
Benefits
The panel will review these and other key questions:
- What kinds of claimants and litigants are asserting GHG damages?
- What legal theories and specific laws form the basis for current global warming lawsuits?
- How are different jurisdictions responding to climate change lawsuit claims?
- What are the key challenges facing plaintiffs and defendants involved in litigation based on climate change theories?
- How can companies best position themselves to avoid claims involving GHG emissions in the current legal environment?
Faculty
Professor Michael B. Gerrard,
Director, 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. His book Global Climate Change and U.S. Law (ABA 2007) has become the standard reference work in the field. He formerly chaired the ABA Section of Environment, Energy and Resources.
Christina M. Carroll,
Partner
McKenna Long & Aldridge, Washington, D.C.
She focuses on complex litigation, including toxic tort and environmental litigation. She handles claims arising out of distribution of products or contamination of air or ground and surface water. She has also worked on a number of CERCLA actions brought by major corporations against the government for recovery of environmental remediation costs and Administrative Procedure Act cases.
Paul E. Gutermann,
Partner
Akin Gump Strauss Hauer & Feld, Washington, D.C.
He litigates cutting-edge issues arising under all the major statutes and negotiates environmental issues in corporate mergers, divestitures and restructuring. He represents clients in connection with the development of federal legislation, including efforts to regulate carbon emissions under the Clean Air Act.
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, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, 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
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, 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. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
MP3 Download (Audio Only) $49.00
Available 24 hours after the live event
CD $49.00
plus $9.45 S&H
Available ten business days after the live event
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.
Customer Reviews
The program was very well organized and the speakers were prepared.
Marti Sharp
Kell Alterman & Runstein
The speakers spoke in an understandable format with lots of examples.
Bill Zornes
Cimarron Lumber
All of the speakers had a wide range of knowledge.
Kimberly Hayes
General Mills
Good handouts and up to date references.
Andrew Davis
Lieben Whitted Houghton Slowiaczek & Cavanagh
All of the speakers were very informative, and being able to ask questions was very helpful.
Larry V. Smith
Jackson Walker
Environmental Law Advisory Board
Partner
Allen Matkins
Partner
Loeb & Loeb
Of Counsel
Stoel Rives
Partner
Shipman & Goodwin
Partner
Akin Gump Strauss Hauer & Feld
Partner
Arnold & Porter
Partner
Gibson Dunn & Crutcher
Partner
Dinsmore & Shohl
Partner
Cravath Swaine & Moore
Special Counsel
Stroock & Stroock & Lavan
Partner
Bryan Cave
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.