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ARTICLE · 11 NOVEMBER 2009

Who´s To Blame For Climate Change: Will A Jury Decide?

Faegre & Benson LLP
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Courts are currently grappling with the tough legal and policy questions posed by large-scale climate change litigation across the country.

United StatesEnvironment
Jonathan Dettmann
Jonathan Dettmann
Delmar Ehrich
Delmar Ehrich
Krisann Kleibacker Lee
Krisann Kleibacker Lee

Courts are currently grappling with the tough legal and policy questions posed by large-scale climate change litigation across the country. In the last month, federal courts issued three significant decisions about the viability of nuisance claims relating to climate change impacts: two appellate court decisions open the door to broad legal claims against utilities and other greenhouse gas (GHG) emitters for injunctive relief and compensatory and punitive damages, and the third, issued by a district court, shut such claims down but will likely be appealed.

What are the implications of these decisions for corporate liability, climate change claims and environmental claims in general?

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