Greenhouse Gas Litigation

Emerging Trends and Strategies in an Evolving Legal Landscape

CD/DVD of a 90-minute CLE teleconference with Q&A

Conducted on Wednesday, August 6, 2008
Now available on CD/DVD

Description

Because the global warming debate has given rise to litigation by states, interest groups, and private litigants seeking remedies for past or future injuries allegedly caused or to be caused by global warming, state governments and environmental groups are seeking relief in court. Over the last few years, climate change litigation has mushroomed: over two dozen cases, pursuing different legal theories, are now pending.

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 will pan out?

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 examines the emerging legal trends and theories. The panel will offer their perspectives and best practices on proactive measures companies can take, as well as defending and prosecuting claims, involving GHG emissions.

Outline

  1. Trends in litigation
    1. Who is suing
    2. What is being challenged and under what laws
    3. Is litigation the appropriate vehicle to address climate change?
  2. Court treatment
    1. Clean Air Act cases
    2. Federal preemption
    3. Coal plant litigation
    4. Tort suits
    5. 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 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 courts responding to climate change claims under the different laws and legal theories?
  • What are the key challenges facing plaintiffs and defendants involved in GHG litigation?
  • How can companies best position themselves to avoid claims involving GHG emissions in the current legal environment?

Faculty

Richard Welsh, Shareholder
Greenberg Traurig, Los Angeles

He has wide-ranging experience as trial, appellate, and international arbitration counsel for Fortune 500 clients in diverse industry sectors, including handling GHG emission matters.

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.

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

Teleconference on CD

Purchase a CD of the full event proceedings, including Q&A and PDF files of all handouts (available 10 days after the seminar).

For CLE only, this program is pre-approved for self-study credit in AK, AZ, CA, MO, MT, VT, WV.

Self-study CLE credits are also available in CT*, CO, GA, ID, KY, LA, ME, NV, ND, NY*, OR, TX, UT, WA, WI, WY.
Please call us if you will be self-reporting in one of these states. *For CT and NY, Strafford needs to process the CLE — see below to purchase this option

Self-study CPE is not offered on CD purchases.

CD $297.00 plus $9.45 S&H

CLE Processing on CD/DVD (NY and CT Only)

CLE processing for listening to the CD/DVD is available for an additional $65 per person per state in NY and CT.

CLE on CD Processing $65.00

Program Materials

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CLE Credit

Strafford seminars qualify for CLE credits in every state that accredits teleconferences. 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

Convenient and well-organized.  Well-run program.

Michael V. Kruljac

IMERYS

The best teleconference I have experienced — bar none.  Well done in every respect.

Jake Jacobson

Osborne Construction Co.

Very informative — one of the best run programs in a plethora of on-line offerings.

Jeff Michelman

Stinson Morrison Hecker

All of the speakers had a wide range of knowledge.

Kimberly Hayes

General Mills

The information was relevant and well presented.  The questions were good, and the speakers responded with clear knowledge.

Sheila Fox Morrison

Davis Wright Tremaine

Environmental Law Advisory Board

John J. Allen

Partner

Allen Matkins

Albert M. Cohen

Partner

Loeb & Loeb

Aaron Courtney

Of Counsel

Stoel Rives

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

Shareholder

Greenberg Traurig

Jeffrey A. Smith

Partner

Cravath Swaine & Moore

Gregory D. Trimarche

Partner

Bryan Cave