Releases

While the U.S. Supreme Court's decision this week in American Electric Power Company Inc. v. Connecticut is a victory for companies opposing the filing of public nuisance lawsuits to redress global climate change, Houston's Richard O. Faulk of Gardere Wynne Sewell LLP says it also leaves "live and dangerous" issues outstanding. "The court only decided the issue under federal law. That still leaves the lower courts to decide whether these same claims can still be tried under state nuisance laws or if they are preempted by federal statutes and regulations," says Faulk, the chair of the Gardere Litigation Group. "These standard-less claims are equally flawed under state law, but industry must now fight to establish that point." Faulk will participate in a mock Supreme Court argument on public nuisance and climate change on July 12 during the International Association of Defense Counsel Annual Meeting in Whistler, British Columbia. For information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.