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Articles & Advisories

Sulfur Masking Global Warming?

July 7, 2011 1:13 PM | Posted by Patrick Greissing | Topic(s): Energy Policy, Articles & Advisories

A recent study published in the Proceedings of the National Academy of Sciences states that despite the increase in greenhouse gas emissions from 1998 to 2008, global surfaces temperatures have leveled off. The researchers, led by Robert Kaufman, a professor at Boston University, believe that global surface temperatures have leveled off over this time due to the increase in sulfur pollution, particularly in China.

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Alston & Bird Releases Advisory on Climate Change Litigation “Bombshells”

October 21, 2009 11:58 AM | Posted by | Topic(s): Litigation, Articles & Advisories

The Alston & Bird Energy & Sustainability Litigation Team recently prepared an Energy & Sustainability Litigation Advisory titled “Bombshells in Climate Change Litigation:  Two Major New Cases Expose Greenhouse Gas Emitters to Potential Liability.”

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Alston & Bird Attorneys Dissect the Potential Effects of EPA’s Endangerment Finding

June 25, 2009 11:18 AM | Posted by | Topic(s): Federal Policy/Programs, Articles & Advisories

Doug Cloud, Kristin Holloway Jones and C. Max Zygmont co-authored the article, “Potential Implications of CAA Carbon Constraints,” which was posted on  The article discusses the EPA’s recent issuance of its much-anticipated proposed finding that emissions of greenhouse gases are contributing to air pollution that may reasonably be anticipated to endanger public health and welfare, and the ramifications thereof.  The findings mark a watershed toward a carbon-constrained future for major sectors of the U.S. economy, either under the Clean Air Act or as a catalyst for Congress to enact climate change legislation.

Debate Over Big Stone II

May 27, 2008 11:21 AM | Posted by Patrick Greissing | Topic(s): Energy Policy, Articles & Advisories

In a letter to the editor that appears in the Grand Forks Herald Newspaper, Edison Electric Institute Vice President of Policy and Public Affairs William Brier offers his viewpoint on the current issues preventing Big Stone II from being built.  He writes in the letter that he was "surprised and dismayed to learn that a panel of administrative law judges has recommended that Minnesota regulators reject the project." 
As he had been traveling across the Dakotas, the common message he heard from people was the need for "reliable, affordable electricity" and, in his opinion, that is what Big Stone II would provide.  He concludes his letter by saying:
The bottom line is that electricity consumption will continue to grow nationally and in the upper Midwest. To meet that demand and to keep the economy growing, utilities must have a balanced portfolio of energy options, including renewables, efficiency, nuclear, natural gas and, yes, modern, coal-based electricity.
The letter is evidence that Brier is a strong believer that Big Stone II needs to be built.  It will be interesting to see if Minnesota regulators follow the recommendation of the judges or if they listen to Brier's opinion of what the citizens want.

To read the entire letter, click here (REGISTRATION REQUIRED).

Lee DeHihns in The Environmental Forum: "Climate and the Courts"

January 11, 2008 2:45 PM | Posted by CCCM Team | Topic(s): Federal Policy/Programs, State Policy/Programs, Litigation, Articles & Advisories

Alston Bird partner and Climate Change attorney Lee Dehihns has published an article in the January/February 2008 issue of The Environmental Forum, the policy journal of the Environmental Law Institute.  Lee's article, Climate and The Courts, discusses the fallout from last year's Supreme Court holding in Massachusetts v. EPA.  It pays particular attention to the flurry of state petitions and climate change litigation launched by the Supreme Court's decision, concluding that this piecemeal approach to climate change regulation is likely to continue in the absence of any legislation to guide national policy.

"The Commercial Deployment of Carbon Capture and Storage Technology"

September 21, 2007 9:41 AM | Posted by CCCM Team | Topic(s): Carbon Capture & Storage/Sequestration, Articles & Advisories

On September 21, 2007, BNA Environment Reporter published "The Commercial Deployment of Carbon Capture and Storage Technology," authored by Alston & Bird attorneys Kipp Coddington, David Meezan, and Kristin Holloway Jones. The article highlights references to carbon capture and storage in recent state and federal climate change legislative and regulatory proposals, identifies potential liabilities associated with carbon capture and storage projects, and discusses possible solutions to minimize them.

New Jersey and Florida Adopt GHG Emission Restrictions

July 19, 2007 10:00 AM | Posted by | Topic(s): State Policy/Programs, Articles & Advisories

Alston & Bird’s Climate Change & Carbon Management team has prepared an advisory discussing the actions of these two states. New Jersey passed the Global Warning Response Act and Florida’s governor signed three executive orders under the auspices of the Florida Air and Water Pollution Control Act. The enactments evidence the continuing trend at the state level to legislate mandatory reductions in GHG emissions in the absence of federal legislation.

Coddington Testifies Before Senate Commitee On Energy And Natural Resources

April 16, 2007 10:02 AM | Posted by CCCM Team | Topic(s): Federal Policy/Programs, Carbon Capture & Storage/Sequestration, Articles & Advisories

Kipp Coddington testified before the Senate Committee on Energy and Natural Resources concerning possible solutions to the liability issues that impede commercial deployment of carbon capture and storage technology. Kipp spoke in favor of two bills: S.731, National Carbon Dioxide Storage Capacity Assessment Act of 2007, and S.962, Department of Energy Carbon Capture and Storage Research, Development, and Demonstration Act of 2007.
Click here to view a copy of Kipp's testimony.