U.S. Supreme Court to hear oral arguments next week on landmark greenhouse gas case

On Tuesday April 19, 2010 the Supreme Court of the United States is scheduled to hear oral arguments on the biggest greenhouse gas/global warming related case since Massachusetts v. EPA (2007) (where the Supreme Court held that the Clean Air Act allows the EPA to regulate GHG emissions from automobiles).

In American Electric Power v. Connecticut, a conglomerate of 6 states*, 3 not-for-profits and New York City ("States") will take on the nation's 5 largest GHG emitters (large electricity generators).
*NJ and WI are no longer part of this suit.

The legal issues to be argued: (1) whether states may sue for injunction under the common-law tort theory of "public nuisance" based on global warming-related injuries ; (2) whether the "political question doctrine" prevents the courts from hearing this suit; and (3) whether the Clean Air Act or EPA regulations preempt this action.

Don't think anyone is interested? Think again. As of Saturday evening, there have been at least 22 amicus briefs for the respondents (power plants) and 9 for the petitioners (the states ).





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Pace Law School program on hydraulic fracturing in NY, April 14 @6:30pm (FREE for students. Live webcast!)

The Pace Law School Center for Environmental Legal Studies and Center for Continuing Legal Education present -

HYDROFRACKING: THE EXPLOSIVE ISSUE OF NATURAL GAS DRILLING
Natural gas can play an important role in the transition to cleaner energy supplies since it produces less carbon emissions than coal or oil. However, there are significant environmental and public health issues associated with the natural gas extraction process known as hydraulic fracturing or hydrofracking.

Thursday, April 14, 2011 -- 6:30pm-9:30pm
Pace Law School -- 78. N.Broadway, White Plains, NY -- Moot Courtroom Law Library





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Earthjustice responds to Obama's Energy Plan: 1 thumb up, 1 thumb down.

Last week, Earthjustice, the non-profit environmental law firm, issued a statement responding to President Obama's energy address. In its statement, Earthjustice said that "some elements of the plan are flawed and signal a lingering attachment to outdated ways of thinking."

Earthjustice is referring to the possibility of offshore drilling in America's Artic, corporate loopholes that limit liability for hydraulic fracturing, and monetary incentives for the oil and gas companies.

Read Earthjustice's statement in its entirety...

Why you should come to the ELS screening of "Gasland" (Thurs. 3/31, 12:45pm, WA10)

Thursday, March 31 * 12:45-2:00pm * Room WA10

Gas drilling in New York? I thought that only happened in other places.  Lured by rising gas prices, oil and gas companies like Exxon and BP are at New York's doorstep, clamoring for access to underground reserves throughout the state and demanding the right to blast millions of gallons of chemically-treated water into the earth to extract the gas. This controversial technique is known as "hydraulic fracturing." And if it sounds scary, that's because it is. Of particular interest to oil and gas companies is a geologic formation known as the Marcellus Shale, which stretches primarily from New York to Pennsylvania, Ohio, and West Virginia.

What? They want to blast millions of gallons of water laced with chemicals into the ground? Yes. What's more, the companies won't tell us what chemicals they're using. And that may end up being the least of our problems. Once the oil and gas companies are done with the water, it's even more contaminated, sometimes even radioactive. If not handled properly, this wastewater can poison drinking water wells and public water supplies. Not to mention the air pollution, heavy truck traffic, and destruction of forests that comes with all of this industrial activity.





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Environmental Law Society screening of "Gasland"

Environmental Law Society screening of "Gasland"

Environmental Law Society screening of "Gasland"

ELS Executive Board nominations due Friday, April 1st- We Need Candidates!

In less than three semesters, the Environmental Law Society of New York Law School has gone from a non-existant, dormant Society to one with over 80 members! We have hosted public speakers, screened environmental documentaries, participated in community service and research projects, and successfully petitioned the NYLS administration to add more environmental law courses to our curriculum.

This is because our Members care and so does our Executive Board. Now its your chance to step up!

If you would like to run for an E-Board position, please submit a "STATEMENT OF INTEREST" to Jose Almanzar (jose.almanzar@law.nyls.edu) BY FRIDAY, APRIL 1ST, 11:59PM. The Statement should include: your name, your current year at NYLS and a brief statement (1-2 para.) expressing your interest in one of the positions and why you are qualified for that position.

Electronic elections will be held the following week from April 8th - April 9th.

Below please find a description of each position and its responsibilities. If you have any questions, please contact Jose Almanzar (jose.almanzar@law.nyls.edu). Thank you!




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