EPA's New Greenhouse Gas Reporting Rule and the Second Circuit's Ruling on Public Nuisance Claims
Analyzing Recent Developments in Climate Change Regulation
Court of Appeals reinstates Connecticut v. American Electric Power Co. on Sept. 21
Recording of a 90-minute CLE webinar with Q&A
This seminar will discuss recent developments in climate change regulation and litigation, including the new GHG reporting rule and the recent decision by the Second Circuit U.S. Court of Appeals that has revived public nuisance claims against power companies and others with GHG emissions.
Outline
- GHG reporting rule
- Covered gases
- Covered facilities
- Monitoring and measurement approach
- Certification and verification
- Complying with the new rule
- Conn. v. AEP
- Political question
- Standing
- Federal common law nuisance claim
- Implications of the GHG reporting rule and Conn. v. AEP decision
- On environmental disclosure
- On corporate governance
- On directors’ duties
- On voluntary disclosure of GHG emissions
- On the need to begin reducing GHG emissions
- 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?
Faculty
Paul E. Gutermann
Partner
Akin Gump Strauss Hauer & Feld
He litigates cutting-edge issues arising under all the major statutes and negotiates environmental issues in corporate... | Read More
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.
CloseScott 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
He leads the Climate Change and Renewable Energy practice and advises on climate change and greenhouse gas legislation and the effect on corporate strategy to manage risks and leverage opportunity. He is experienced in drafting environmental disclosure statements for Securities and Exchange Commission documents and assessing the impact of the Sarbanes–Oxley Act on such disclosures.
CloseGeraldine E. Edens
Partner
McKenna Long & Aldridge
She practices in areas involving environmental litigation, regulatory matters and issues regarding law and science. She... | Read More
She practices in areas involving environmental litigation, regulatory matters and issues regarding law and science. She counsels clients on environmental compliance, chemical regulation and Clean Air Act issues. She has litigation experience with a particular emphasis on litigating issues under NEPA and related statutes including the Endangered Species Act, and Clean Water Act.
Close