Posts by » Jeffrey B. Gracer

In a significant and surprising development, on August 24 the Solicitor General of the United States filed a brief in the Supreme Court asserting that a groundbreaking climate change decision by the Second Circuit Court of Appeals should be vacated and remanded for further consideration. The brief, submitted on behalf of the Tennessee Valley Authority … Read Post


On January 27, 2010, in response to petitions filed by institutional investors and other investor groups, the Securities and Exchange Commission (“SEC”) published an interpretive release to provide greater guidance to public companies regarding the Commission’s existing disclosure requirements as they apply to climate change matters (the “Guidance”). The SEC’s action follows settlements entered into … Read Post


On November 19, The AES Corporation (“AES”) entered into a settlement with the Attorney General of the State of New York (“NYAG”) regarding disclosure of climate change risk to investors.  This is the third such settlement with the NYAG by a major power company (the other two settling power companies were Xcel Energy and Dynegy).  … Read Post


On October 16, the Fifth Circuit Court of Appeals held that residents and owners of property along the Mississippi Gulf coast had standing to assert public and private nuisance, trespass, and negligence claims against several energy, oil and chemical companies for emissions of greenhouse gasses, and that none of those claims presented nonjusticiable political questions.  … Read Post


On September 30, Sens. Barbara Boxer (D-CA) and John Kerry (D-MA) introduced their long-anticipated global warming bill, a counterpart to legislation passed by the House of Representatives last June.  As the starting point for the Senate climate debate, the Clean Energy Jobs & American Power Act (S. 1733) would cap greenhouse gas emissions from approximately … Read Post


In a strongly worded and well-reasoned opinion by two Republican appointees, the Second Circuit Court of Appeals has held that federal courts have both the power and the obligation to hear lawsuits alleging that climate change creates a public nuisance. State of Connecticut et al. v. American Electric Power Company Inc. et al., 05-5104-cv, 05-5119-cv … Read Post


A prior blog post highlighted EPA’s proposed rule mandating greenhouse gas reporting for thousands of covered entities, with information collection obligations starting as early as January 1, 2010 if the rule is finalized as proposed. On August 11, representatives of the American Petroleum Institute (API) and several oil companies met with the Office of Management … Read Post


After initially surprising New York City by proposing that the Gowanus Canal be listed on the federal  Superfund list, the New York State Department of Environmental Conservation (DEC) now believes the City’s proposed alternative to listing should be seriously considered by the Environmental Protection Agency (EPA), according to press reports.  Specifically, an August 6th letter … Read Post


On Friday, June 5, the Appellate Division, Fourth Department, in Destiny USA Development, LLC v. DEC, CA 08—1855 (4th Dept. June 5, 2009), substantially upheld a lower court decision from Syracuse that: Holds the New York State Department of Environmental Conservation (DEC) improperly interpreted the Brownfield Cleanup Act when it excluded contaminated properties from the state’s Brownfield … Read Post