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Alerts
ENERGY/ENVIRONMENTAL ALERT: Impact of Recent Litigation on the Climate Change Debate
November 6, 2009
Click here for the full PDF.
Two decisions issued in the past several weeks by the U.S. Courts of Appeal for the Second and Fifth Circuits have confirmed the gathering momentum of common law initiatives by environmental advocates to assess liability against Greenhouse Gas (GHG) emitters. This trend is, of course, important in predicting the course of case law development and that effect has been extensively discussed elsewhere. Equally important, however, is the trend’s effect in complicating the already complex landscape of the climate change debate taking place in the Congress and before regulatory bodies. The potential of common law liability presents a number of issues which should be taken into account in formulating legislation and regulations. This memorandum discusses the need for such consideration and identifies some of the issues which legislators, regulators and GHG emitters should take into account.
Click here to download full alert [PDF].
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