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But you promised to keep the trees!
  • Gardere
  • USA
  • March 11 2014

When the Wheelers agreed to allow a pipeline right of way through their wilderness retreat, known as “The Mountain,” they had one important condition


Whooping crane litigation
  • Gardere
  • USA
  • March 15 2012

Our latest bulletin discussing the watershed Texas Supreme Court opinion in Day regarding ownership rights of groundwater may soon be joined by a federal court ruling dealing with regulation of those waters flowing above the surface in Texas rivers, creeks, and other watercourses


Defendants win “round one” of climate change fight in United States Supreme Court
  • Gardere
  • USA
  • August 17 2011

In American Electric Power Co. v. Connecticut, the United States Supreme Court held that federal common law public nuisance claims seeking injunctive relief against emitters of greenhouse gases were displaced by the Clean Air Act and EPA’s regulatory implementation of the Act’s provisions


Quandary over quorum in landmark greenhouse gas case
  • Gardere
  • USA
  • June 7 2010

In February, the 5th U.S. Circuit Court of Appeals ordered a rehearing en banc before nine of 16 circuit judges to review the decision of a three-judge panel in Comer v. Murphy Oil


Texas challenges EPA Endangerment Finding
  • Gardere
  • USA
  • June 7 2010

Texas Gov. Rick Perry, Texas Attorney General Greg Abbott and Texas Agriculture Commissioner Todd Staples jointly asked EPA to reconsider its Endangerment Finding for GHGs and filed a Petition for Review with the U.S. Court of Appeals for the D.C. Circuit, challenging the Endangerment Finding


$3 million fracking nuisance
  • Gardere
  • USA
  • April 25 2014

On April 22, in what is being called the "first fracking trial," five of six jurors in Dallas County agreed with Plaintiffs, Lisa and Robert "Bob"


It's started - transnational lawsuits over GHGs
  • Gardere
  • Global, USA
  • June 7 2010

In a sign of the times, the Federated States of Micronesia, a chain of islands in the Pacific Ocean, has lodged a legal challenge to plans to extend the life of the large Prunérov coal-fired power plant in the Czech Republic, the 11th dirtiest in Europe, an additional 25 years


California court denies plaintiffs standing to pursue Kivalina climate change case
  • Gardere
  • USA
  • October 16 2009

In a recent client alert about the Second Circuit Court of Appeals' decision in State of Connecticut v. American Electric Power Co. Inc., we openly wondered how that decision would influence ongoing federal climate change public nuisance cases in the Fourth, Fifth and Ninth Circuits


Court takes on climate change using public nuisance
  • Gardere
  • USA
  • October 13 2009

Immediately after the U.S. Courts of Appeal for the Second Circuit released its decision in State of Connecticut v. American Electric Power Co. Inc., White House climate change czar Carol Browner observed and proclaimed that "The courts are starting to take control of this issue ... if they were to follow this out, they would be setting the standards."


DOJ asks court to create a Deepwater Horizon "government track"
  • Gardere
  • USA
  • November 3 2010

Although not yet a party to the pending litigation, the U.S. Department of Justice (DOJ) has stated that it expects to file a civil suit related to the Deepwater Horizon explosion under the Clean Water Act, the Oil Pollution Act and possibly several other statutes