LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Ira Gottlieb of McCarter & English, LLP Speaker 11: 7
Climate Change and NRD …?
NRD Claims Under CERCLA Must Be :
• Brought by a trustee
• Against a responsible party
• For an alleged injury to natural resources
• Resulting from a release of a “hazardous substance” which is
causally related to
damages to the natural resource
Do Climate Change Lawsuits Meet These Standards?
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Climate Change and NRD …?
Cases
Climate Change Lawsuits (2004 to 2010)
• Connecticut v. American Electric Power Co., Docket No. 1:04-CV-05669
(S.D.N.Y. July 21, 2004). State governments and environmental groups
seeking injunctive relief against utilities under theories of public nuisance.
• CA ex rel. Lockyer v. General Motors, Docket No. 06-CV-05755 (N.D. Cal.
Sept. 20, 2006). State government sought damages against automobile
manufacturers under theories of public nuisance.
• Comer v. Nationwide Mutual Ins., Docket No. 1:05-CV-00436 (S.D. Miss.
Sept. 30, 2006). Private parties sought certification for class action for
damages against oil and chemical company defendants under theories of
public and private nuisance, unjust enrichment, negligence, conspiracy,
fraudulent concealment, and trespass.
• Native Village of Kivalina v. Exxon Mobil, Docket No. 08-CV-1138 (N.D.
Cal. Feb 26, 2008). Native tribe and municipal government sought injunctive
relief and damages against energy companies and utilities under theories of
private and public nuisance and conspiracy.
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Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM