Welcome to the Environmental Litigation Committee website. Our Committee is dedicated to helping its members become better environmental litigators. We believe that we are one of the most collegial and friendly committees in the ABA, and that our members truly benefit from the relationships they develop with other lawyers whose practices are focused on environmental matters.

We are large enough to put on excellent and informative education programs, while being small enough that no one feels left out or lost in the crowd. Year after year the Committee identifies the legal issues and topics that are at the forefront of the practice and brings together lawyers, judges, consultants and in-house counsel to teach and inform our members.

If you are not already a member of the Environmental Litigation Committee, we invite you to join us.

Teleconference with EPA Assistant Administrator Cynthia J. Giles

The Environmental Litigation Committee is cosponsoring a Quick Teleconference with EPA Assistant Administrator Cynthia J. Giles on Tuesday, December 8, 2009 at 1 p.m. Eastern. Ms. Giles will discuss the EPA’s enforcement priorities for 2010 and provide an update on recent developments in 2009. Our cosponsor is the Environmental Enforcement and Crimes Committee of the ABA Section of Environment, Energy & Resources. A formal e-flyer will come out soon.

Operator Liability under CERCLA Examined; Right to Jury Trial Discussed

The Second Circuit Court of Appeals recently examined the scope of operator liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in AMW Materials Testing, Inc. v. Town of Babylon, Docket No. 08-1731-cv, (2d. Cir. October 19, 2009).

State of Connecticut, et al. v. American Electric Power Company Inc.(2nd Cir. Sept. 21, 2009)

A federal appellate court has ruled that five electric utilities can be held liable under common law (without EPA rulemaking or legislation) for their greenhouse gas (GHG) emissions.

Michigan DEQ a Casualty of Recession

The State of Michigan announced that it would be “returning to the tradition of one department dedicated to this core mission” and merging the Department of Natural Resources and the Department of Environmental Quality (DEQ) together to form a new Department of Natural Resources and Environment (DNRE). For further information please follow the link to the press release.

Connecticut v. American Electric Power Co., Inc.

2009 WL 2996729 (2d Cir. Sept. 21, 2009).

In Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, No. 07-In a decision that environmental groups are lauding as one of the most important climate-change decisions since Massachusetts v. EPA (549 U.S. 497 (2007)), the Second Circuit Court of Appeals vacated and remanded a lower court decision dismissing public nuisance claims, by several states and the City of New York against six electric power corporations, relating to the companies’ alleged contributions to climate change. Although other courts have generally dismissed such climate-change-related claims as presenting a non-justiciable political question, this court did not follow suit.

Environmental Litigator, Fall 2009

The Fall 2009 edition of the Environmental Litigator is now available in the newsletter section.

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