Climate Change Nuisance Litigation

Emerging Trends and Defense Strategies for Global Warming Claims

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, June 22, 2010

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare counsel to identify and deal with the risks of climate change nuisance claims. The panel will review the substance and implications of key recent rulings and outline ways to neutralize and defend against such claims.

Description

Corporate defendants are facing more common law nuisance actions related to climate change. Recently, federal courts have decided three key cases on this issue: Connecticut v. American Elec. Power Co., Comer v. Murphy Oil, and Native Village of Kivalina v. ExxonMobil.

The courts have reached contrary results when determining which public nuisance claims can go forward or whether standing or political question matters require dismissal. Potential plaintiffs and defendants are thus left with much uncertainty about climate change nuisance claims.

With verdicts and settlements in the millions, companies with potential exposure in environmental contamination, climate change or greenhouse gas emissions must understand the risks of nuisance claims and be ready to defend against them.

Listen as our authoritative panel of environmental attorneys examines key nuisance decisions regarding climate change issues, the implications of the decisions, and recent trends in climate change nuisance litigation. The panel will offer their strategies for defending against nuisance litigation.

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Outline

  1. Climate change nuisance litigation
    1. Connecticut v. American Electric Power Co.
    2. Comer v. Murphy Oil
    3. Native Village of Kivilina v. ExxonMobil
  2. Trends
    1. Standing
    2. Showing of injury
    3. Damages
  3. Best practices to neutralize and defend nuisance claims

Benefits

The panel will review these and other key questions:

  • What must plaintiffs demonstrate in order to pursue climate change nuisance claims for damages?
  • How do recent federal court rulings impact climate change nuisance cases?
  • What strategies can companies use to defend against claims of climate change nuisance?

Faculty

R. Trent Taylor
R. Trent Taylor
Partner
McGuireWoods

Mr. Taylor focuses on defending complex tort and products liability cases with an emphasis on public and private...  |  Read More

Scott D. Deatherage
Scott D. Deatherage
Partner
Thompson & Knight

He leads the Climate Change and Renewable Energy practice and advises on climate change and greenhouse gas legislation...  |  Read More

Christina M. Carroll
Christina M. Carroll
Partner
McKenna Long & Aldridge

She focuses on complex litigation including insurance, toxic tort, and environmental litigation. She counsels clients...  |  Read More

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