ILNews

Climate litigation focus of lecture

Back to TopCommentsE-mailPrintBookmark and Share
Law School Briefs

Law School Briefs is Indiana Lawyer’s section that highlights news from law schools in Indiana. While we have always covered law school news and will continue to keep up with law school websites and press releases for updates, we’ll gladly accept submissions for this section from law students, professors, alums, and others who want to share law school-related news. If you’d like to submit news or a photo from an event, please send it to Rebecca Berfanger, rberfanger@ibj.com, along with contact information for any follow up questions at least two weeks in advance of the issue date.

Civil Litigation as a Tool for Regulating Climate Change will be the topic of the 25th Annual Monsanto Lecture on Tort Law & Jurisprudence at Valparaiso University School of Law on Feb. 18.

“The conference will explore the interlinked policy, science, legal, and political questions of utilizing the American litigation system, and particularly its tort theories of liability, to regulate climate change,” according to a statement on the school’s website.

There are three major federal cases that have been filed seeking damages due to companies alleged to have caused global warming.

The United States District Court, Southern District of New York judge who handled Connecticut v. American Electric Power, Co., a public nuisance lawsuit filed by eight state attorneys general, the city of New York, and three land trusts against six electric power companies, granted summary judgment to defendants in that case. That decision was reversed by the 2nd Circuit Court of Appeals. The Supreme Court of the United States agreed Dec. 6 to hear this case in the spring.

Two other cases could be affected by the Connecticut case.

In Comer v. Murphy Oil USA, property owners filed a lawsuit in Mississippi against Murphy Oil USA, claiming its contribution to climate change contributed to the intensity of Hurricane Katrina. The District Court granted the defendant’s motion to dismiss, and the 5th Circuit initially reversed. However, the full 5th Circuit agreed to hear the matter en banc but has had difficulty getting a quorum. Meanwhile, plaintiffs petitioned the Supreme Court for a writ of mandamus to order the 5th Circuit to reinstate the case.

Native Village of Kivalina v. ExxonMobil Corporation involved residents of an Inupiat Eskimo village in Alaska who must relocate due to global warming at a cost of $95 to $400 million. That case was dismissed by the U.S. District Court, Northern District of California and is awaiting a decision from the 9th Circuit Court of Appeals.

The issues in these cases and other global warming concerns in litigation will be discussed by professor Daniel Farber, director of the Center for Law, Energy and the Environment at the University of California at Berkeley; professor Michael B. Gerrard, director of the Center for Climate Change Law at Columbia University School of Law; professor Daniel Bodansky of the School of Sustainability and School of Law at Arizona State University; and Brent Newell, general counsel of the Center on Race, Poverty, and the Environment in San Francisco.

The conference is $100 for practicing attorneys and professionals, $50 for employees of non-profit organizations, and there is no charge for students.

To register, contact Jo Ann Campbell at (219) 465-7829 or (888) 825-7652; fax: (219) 465-7808; or e-mail: litigation.conference@valpolaw.net.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT