US Chamber of Commerce, National Automobile Dealers Association Seek Review of EPA Decision Allowing States to Regulate Emissions
The US Chamber of Commerce and National Automobile Dealers Association (NADA) have filed a petition seeking review of the EPA’s decision to allow states to regulate automobile emissions. In a Nonbinding Statement of Issues filed Oct. 13, 2009, the two groups outlined the questions to be addressed by the United States Court of Appeals for the District of Columbia Circuit in their lawsuit challenging the EPA’s decision to grant California’s request for a waiver of federal Clean Air Act preemption. The waiver allows California to regulate vehicle emissions and other states to adopt those regulations. A decision adverse to the EPA would limit the ability of individual states to regulate greenhouse gas emissions but does not implicate EPA’s efforts to set national emissions standards. However, some industry watchers predict that this is just the beginning of a “hurricane of lawsuits” challenging climate-related regulations. New York and 16 other states have recently filed a motion to intervene on the side of the EPA.
Continue Reading...Fifth Circuit reverses Comer, joins Second Circuit in approving tort-based climate litigation
In a long-awaited appellate decision in Comer v Murphy Oil, the United States Court of Appeals for the Fifth Circuit on Friday found that tort-based global warming litigation against insurance, oil, coal and chemical companies presents justiciable claims. The Fifth Circuit reversed the district court’s ruling from the bench that plaintiffs lacked Article III standing to bring such claims, and that the tort claims presented non-justiciable political questions. The Fifth Circuit only reversed in part, however, agreeing that plaintiffs’ “unjust enrichment, fraudulent misrepresentation, and civil conspiracy claims must be dismissed for prudential standing reasons.”
Continue Reading...Kivalina global warming litigation dismissed on political question grounds
In a carefully watched case in the Northern District of California, Judge Saundra Brown Armstrong has issued a ruling dismissing the Kivalina climate change lawsuit on grounds that: (1) it raises a non-justiciable political question, and (2) plaintiffs lack Article III standing. In so doing, Judge Brown rejected the recent Second Circuit analysis in Connecticut v. American Electric Power Co., which held that the political question doctrine did not bar nuisance claims against major greenhouse gas emitters.
In the Kivalina case, the Native Village of Kivalina, Alaska filed suit against two dozen energy companies, attempting to recover at least $400 million in damages for public nuisance related to emissions of greenhouse gases that Plaintiffs alleged contributed to global warming and caused the sea level to rise, destroying parts of the village. In addition to the public nuisance claim, Plaintiffs also included novel conspiracy allegations, claiming that the defendants conspired to mislead the public about the causes and effects of global warming through industry-sponsored trade groups.
Continue Reading...New York Green Building Construction Act shifts responsibility for setting green building standards
New York Governor David Paterson recently signed into legislation the State Green Building Construction Act. The Act amends previous green building legislation by affording the Office of General Services (“OGS”) the responsibility of promulgating rules and regulations that comply with green building standards. The bill had passed unanimously in the New York Assembly on June 10 and by a large margin of 55-2 in the state Senate on July 10. The Act requires new construction and substantial renovations of state facilities to comply with green building standards.
Continue Reading...Public Citizen lawsuit seeks to require Texas Commission on Environmental Quality to regulate greenhouse gases
On Tuesday, the environmental group Public Citizen filed a lawsuit against the Texas Commission on Environmental Quality (“TCEQ”) seeking to require it to regulate carbon dioxide and other greenhouse gases. The lawsuit is believed to be the broadest attempt so far to force a state to control greenhouse gases through the permits granted by a state for power plants, refineries, factors, and similar industrial facilities. Public Citizen’s filing is most likely timed to coincide with Congress’ consideration of landmark climate change legislation and the December 2009 United Nations Climate Change Conference in Copenhagen.
Continue Reading...Petition asks EPA to regulate GHG emissions from "factory farms" under Clean Air Act
The Humane Society and a coalition of other environmental groups have filed a petition with the Environmental Protection Agency (EPA) that seeks to classify factory farms as a source of greenhouse gases and regulate them accordingly under the Clean Air Act. Petitioners allege that concentrated animal feeding operations (CAFOs) emit excessive amounts of methane and nitrous oxide, both greenhouse gases. According to the petitioners, these emissions are the result of farm animals being raised in small spaces in increasingly large numbers at a few facilities.
Continue Reading...