The prospects for regulation of greenhouse gas (GHG) emissions have grown increasingly strong in recent years, and likely have reached the point where regulation is inevitable. A combination of federal court mandates, actions by states, increased political pressure on all governments to act, and a change in administrations has shifted the debate from one of whether to regulate greenhouse gas emissions to one of when and how to regulate them. At the same time, civil lawsuits alleging damages resulting from climate change are cropping up from Mississippi to Alaska. While these cases are subject to dismissal on any number of grounds, not the least of which is failure to prove causation, they do signal a legal environment that is growing increasingly hostile toward industries perceived as contributing to global warming.
In an effort to keep our clients up to date on GHG issues, WKDR is tracking legal developments in this area on a regular basis. In June 2008, WKDR released a comprehensive analysis entitled “Legal Developments Related to Greenhouse Gas Emissions,”
authored by WKDR attorneys Alec Zacaroli and Peter Condron. The report was published in the Bureau of National Affairs’ Environment Report on June 27, 2008 (Vol. 39, No. 26), and republished in BNA’s EHS Strategies report in November 2008 (Vol. 2008, No. 4). The purpose of this document, and WKDR’s ongoing GHG Updates, is to provide our clients with a framework from which to initiate or expand upon strategic planning with respect to this important issue.
Building on extensive experience in air pollution law, administrative law and toxic tort litigation, WKDR has positioned itself to assist our clients with strategic planning on this fundamental issue. The firm has invested considerable resources building a solid base of knowledge on climate change law, and remains committed to staying abreast of legal developments in this area. We recognize the significant impacts that regulations and litigation related to climate change may have on our clients, and have invested accordingly to best prepare to assist you in this time of uncertainty.