Climate Change and Clean Technology Blog : Climate Change Lawyer & Attorney : Sheppard Mullin Law Firm : Clean Technology, Greenhouse Gas

By James Rusk

Connecticut v. American Electric Power Company Inc., ____F.3d ____, No. 05-5104 (2nd Cir. 2009)

States and private plaintiffs may sue utility operators under the federal common law of nuisance to abate carbon dioxide ("CO₂") emissions that contribute to global warming, the Second Circuit Court of Appeals held this month. Although the 139-page opinion appears to open a new front in the fight over climate change, its full import is uncertain. The court held only that plaintiffs had standing, that they had stated public nuisance claims under the federal common law and that those claims were justiceable. It did not reach the merits of plaintiffs' claims, and it expressly noted that those common law claims could yet be displaced by federal legislative or rulemaking action. With that in mind, the case could prove more significant as an additional impetus for national greenhouse gas regulation than as a tool for judicial control of emissions.
 

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By Brenna Moorhead

The California Natural Resources Agency (CNRA) led twelve state agencies in preparing the Draft California Climate Adaptation Strategy. The Strategy responds to the mandates of Executive Order S-13-08, which called for development of an adaptation strategy for addressing climate change. Consistent with the Order, the Strategy summarizes the best known science on climate change impacts, assesses the state’s vulnerability to these impacts, and outlines solutions to be implemented by state agencies to promote resiliency.
 

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By Robert Uram, Gregory Woodard, and Dan Bane

In order to identify the extensive renewable electric transmission infrastructure that California will need to meet future consumer demand, the Renewable Energy Transmission Initiative (RETI) was created as a statewide initiative to identify the transmission projects needed to meet the state's energy goals (33% of California's electricity from renewable energy by 2020) and the greenhouse gas reduction goals of Assembly Bill 32. The RETI is a joint effort among the California Public Utilities Commission (CPUC), the Energy Commission, the California Independent System Operator (California ISO), Investor-Owned Utilities, and Public Utilities.
 

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By Misti Schmidt

On Friday, September 11, the California Legislature approved SB 14, which requires 20% of the state's energy to be renewable by December 31, 2013, with that figure increased to 33% by December 31, 2020. Although renewable energy has typically had strong backing by Governor Arnold Schwarzenegger, this week he announced his intent to veto the bill since it is overly complex and limits the amount of renewable energy that can be sourced out-of-state. Instead, the governor issued Executive Order S-21-09.
 

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By Olivier Theard

While the health care debate is currently dominating the headlines, the federal climate change bill will be the next major legislative battle. The House of Representative passed climate change legislation in June, the centerpiece of which is a massive federal cap and trade program for greenhouse gas (GHG) emissions. The Senate is expected to consider the issue in the next legislative session. California has been at the forefront of the climate change issue, passing the Global Warming Solutions Act in 2006 which requires aggressive action to reduce GHG emissions to 1990 levels by 2020. True to its form, California has taken the lead in urging the Senate to pass a climate change bill that also preserves state authority to implement programs that complement any federal program.
 

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By Stephanie Brecher and Neil Ray

The successful conclusion of the international climate change negotiations at Copenhagen at the end of 2009 is a key priority for the European Union (“EU”). In January 2009, the European Commission (“EC”) set out its proposals for a comprehensive and ambitious new global agreement to tackle climate change and how it could be financed in a communiqué entitled “Towards a comprehensive climate change agreement in Copenhagen COM(2009) 39” (the “EC Communication”). The EU’s goal is to limit global warming to less than 2°C above the pre-industrial temperature based on strong scientific evidence that climate change will become dangerous beyond this point. The EC Communication addresses some of the key global challenges including targets and actions, financing, and building an effective global carbon market.
 

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Cleantech companies will be looking for market share in 2009.

Despite record high investment in the cleantech sector -- $4.1 billion in 2008, up from $1.4 billion in 2006 -- the credit market contraction has severely tested the sector with the usual sources of financing for large-scale solar, wind and alternative fuels projects -- tax equity investors -- taking a pass.

The following article by Stephanie Brecher was originally published in the Daily Deal. To read the article please click here.

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