Greenhouse Gas Litigation
Emerging Trends and Strategies in a Dynamic Legal Landscape
Recording of a 90-minute CLE webinar with Q&A
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.
- 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
- Demonstrating harm/injury
- Political question doctrine
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?
Professor Michael B. Gerrard
Director, Center for Climate Change Law
Columbia Law School
He joined the Columbia law faculty in January and became Senior Counsel to Arnold & Porter, where he practiced... | Read More
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.Close
Christina M. Carroll
McKenna Long & Aldridge
She focuses on complex litigation, including toxic tort and environmental litigation. She handles claims arising out of... | Read More
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.Close
Paul E. Gutermann
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.Close
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