Greenhouse Gas Litigation: Evolving Trends

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

1. Trends in litigation/ Introduction/ Roadmap
   1. Who is suing
   2. What is being challenged and under what laws
   3. Is litigation the appropriate vehicle to address climate change?
   4. Likely impact of the new administration and Congress
2. Court treatment
   1. Clean Air Act developments
   2. Challenges to regulation
   3. Coal plant litigation
   4. Tort suits
   5. NEPA and state NEPA cases
   6. Endangered Species Act cases
   7. Securities disclosure
3. Issues/concerns and strategies for prosecuting and defending claims
   1. Subject matter jurisdiction
   2. Standing
   3. Demonstrating harm/injury
   4. Causation
   5. Political question doctrine

Benefits

The panel will review these and other key questions:

• 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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

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.

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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