O'Melveny to Host Webinar Series on Climate Change and the Law

November 12, 2009


On November 12, O’Melveny will host the first in a series of webinars on climate change and the law. The series begins with a presentation by partners Jonathan Hacker and Sharon Tomkins, who have been defending public claims against corporate clients for "climate change" damages, including damages from recent major storm events.

Recent decisions of the Second and Fifth Circuits in Connecticut v. American Electric Power Co., Comer v. Murphy Oil USA Inc., and Kivalina v. Exxon Mobil Corp. have allowed such litigation to proceed, notwithstanding political question doctrine and other lines of defense. Hacker and Tomkins will analyze these decisions and address how federal cap and trade program might change the litigation landscape. Regulating greenhouse gas emissions at the federal level is also likely to result in new litigation. Accordingly, the presenters will identify and discuss the categories of litigation that are likely to develop, including challenges to potential federal cap-and-trade legislation and competing state and regional programs, actions enforcing such a federal program, and related civil litigation among stakeholders.

Upcoming sessions will address additional topics of pressing interest, including state and federal legislative and regulatory developments.