global warming pt1

8/8/2019 Global Warming Pt1

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Global Warming Litigation

February 16, 2005

Boalt HallUniversity of California, Berkeley


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Law Offices of Matthew F. Pawa P.C.

Global Warming Facts

The 1990s were the warmest decade since 1861,when thermometer records began.

1998 was the warmest year on record.

The temperature increase of the 20th Century wasthe largest of any century in the last 1,000 years.

The ten hottest years since the beginning of the

last millennium have all occurred since 1983.


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Photo: NASA/Photo: NASA/

New York TimesNew York Times


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Law Offices of Matthew F. Pawa P.C. NAST


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No Scientific Debate re Causation

Intergovernmental Panel on ClimateChange

National Academy of Sciences

American Geophysical Union


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There is scientific consensus on the reality of

anthropogenic climate. Climate scientists

have repeatedly tried to make this clear.It is time for the the rest of us to listen.

Science Magazine

December 3 2004


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American Electric Power

There is not a lot of debate in the scientificcommunity that rising concentrations ofgreenhouse gases are occurring and will

lead to climatic changes.

Dale Heydlauff

AEP senior vice president for

government and environmental affairs


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Law Offices of Matthew F. Pawa P.C.NERA

Privileged & Confidential

Attorney Work Product

Attorney-Client Communication


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The US Will Get Hotter


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Law Offices of Matthew F. Pawa P.C.Copyright 2004 by the National Academy of Sciences

Winter (DJF) and Summer (JJA) temperature change (degrees C)for 2070-2099, relative to 1961-1990


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Illinois Will Have the Climate of Texas


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Changes to California

Hydrology


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Ozone exceedance days & temperature

NERA


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FEMA


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NERA


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NERA


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Other Impacts & Changes

Wildfire in Western States Arctic Ice Cap Will Be Gone by 2100

By 2100 Greenland Glacier Likely to be

Locked Into Complete Melting


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Greenhouse Gas Emissions by Sector

CERES-NRDC





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Power Sector Emissions Are IncreasingRapidly

CERES-NRDCPrivileged & Confidential

Attorney Work ProductAttorney-Client Communication


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CERES-NRDC


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CERES-NRDC


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CERES-NRDC


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CERES-NRDC


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Iowa Wind Farm


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CERES-NRDC


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Xcel Energy Inc.

Give us a date, tell us how much weneed to cut, give us the flexibility to meet

the goals, and we'll get it done.

Wayne H. Brunetti

CEO and Chairman

Xcel Energy Inc.


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Non-Litigation Options Have Failed

US will not participate in Kyoto Protocol

EPA ruled in 2003 that CO2 not covered by

Clean Air Act


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Plaintiff States Public Policy: Reduce GHGs

California Automobile CO2 Law Northeastern States Regional CO2 Cap &

Trade

Many Others

Problem: out-of-state sources


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Litigation Overview

Federal Common Law of Public Nuisance State Common Law in the Alternative

Defendants are Five Biggest CO2

Emitters

States & NYC Filed Together in One

Federal Court

Land Trusts Filed Parallel Complaint Injunctive Relief Only


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Defendants

AEP Co., Southern Co., TVA, Xcel,Cinergy

Together emit ~ 650 million tons CO2/year

25 percent of US power sector CO2

10 percent of all US CO2


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Global Warming as a Public Nuisance

Widespread harms to the general public

Harms to public health, public comfort andpublic safety

Harms to natural resources and environment

Harms are substantial

Harms are long-term & irreversible

Defendants know of the harm


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Federal Common Law of Public Nuisance

The elements of a claim based on thefederal common law of nuisance are simply

that the defendant is carrying on an activity

that is causing an injury or significant threatof injury to some cognizable interest of the

complainant.

7th Circuit


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Futility/Redressability

Joint Tortfeasors

Reduction of Risk Laidlaw

Police Power





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Remedies

Injunctive

Declaratory as part of injunctive

Not damages





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