EPA Regulations and the Nuisance Cases on Climate Change – Where Do We Go From Here?
Posted Dec. 18, 2009 After the issuance of three long-awaited rulings in nuisance cases from the Second Circuit, Fifth Circuit, and Northern District of California federal courts, industry and insurers may be reassessing potential liabilities related to climate change and greenhouse gas (GHG) emissions. Their analysis will necessarily involve recent regulatory activity by the U.S. Environmental Protection Agency (‘EPA’) and developing legislation on Capitol Hill. While the losing parties in all three cases have requested review, we do not expect proposed EPA regulations on GHGs to eliminate nuisance causes of action, and proposed federal GHG legislation may not have that result either.
