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The Meaning of Recent Landmark Climate Change Decisions:Connecticut v. AEP, Comer v. Murphy Oil and Native Village of Kivalina v. ExxonMobil Corp. et al.

December 15, 2009 11:30 a.m.-1:00 p.m.

John Clancy will be moderating a seminar sponsored by the American Bar Association Section of Environment, Energy and Resources.

Program Overview:

The 2nd Circuit has recently issued a historic decision, Connecticut v. American Electric Power. This decision for the first time allows states and other potential plaintiffs with standing to bring public nuisance claims based on climate change impacts against major emitters of greenhouse gases. Shortly after the AEP decision, the 5th Circuit reached a similar decision in Comer v. Murphy Oil, but the Northern District of California in the Native Village of Kivalina v. ExxonMobil Corp. et al decision held that such a claim cannot go forward. This quick teleconference will examine all three decisions, the likelihood of Supreme Court review and the impacts that the decisions may have on future climate change claims as well as potentially federal legislative and regulatory policy.

The expert panel will include attorneys representing all sides of this issue, including legal counsel for an affected state as well as attorneys representing both plaintiffs and defendants' perspectives. The discussion will also include an expert in the constitutional issues raised in these cases and the possibility of Supreme Court review. This teleconference is valuable for all attorneys whose clients are affected by the rapidly developing case law, rules and statutes related to climate change.

Educational Objectives:

-Results of recent key decisions on climate change claims -Potential effects of these decisions on climate change policy and legal actions -Discussion of potential next steps in this growing area of law

Panelists: Katherine Kennedy, New York State Attorney's General Office, New York, NY James R. May, Widener University School of Law, Wilmington, DE Matthew F. Pawa, Law Offices of Matthew F. Pawa, P.C. Newton Centre, MA Michael Romey, Latham and Watkins, Los Angeles, CA

Registration Fee: Registrations cannot be confirmed until ConferTel receives check or Purchase Order. Section Members: $80 | Gov't, Academic, or Public Interest: $80 | Other ABA Members: $100 | General Attendance: $110


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