Gasping for
Air: Climate Change in the Courts
February 7, 2007
On November 29,
2006, the U.S. Supreme Court heard oral
arguments in its first case directly related
to global warming, Massachusetts v. EPA.
Massachusetts and other petitioners,
including Rhode Island, asked the court to
set aside an EPA decision not to regulate
greenhouse gases under the Clean Air Act.
Section 202(a)(1) of the Clean Air Act,
requires the Administrator of the EPA to set
emission standards for "any air pollutant"
from motor vehicles or motor vehicle engines
"which in his judgment cause[s], or
contribute[s] to, air pollution which may
reasonably be anticipated to endanger public
health or welfare."
On February 7, a panel of advocates and
observers gathered to review and analyze cases (state
and federal) related to climate change; the
Regional Greenhouse Gas Initiative; and
projections from the bench.
The speakers
were:
James R. Milkey of the MA Attorney General’s
Office who argued Massachusetts v.
EPA
Tricia K. Jedele,Special Assistant Attorney
General, RI Office of the Attorney
General
Andrew M. Hodgkin, Executive Counsel to
Governor Donald L. Carcieri
Thompson Webb III, a world renowned
paleoecologist and paleoclimatologist
and contributor to the Intergovernmental
Panel on Climate Change's (IPCC)
1990s-2001 reports.
Janet Freedman, RI Coastal Resources
Management Council.
Ecosystem Based Management in New
England: An Assessment of Regional Ocean
Governance January 13, 2006
A panel of regional and national experts met
to discuss the existing ocean and coastal
governance structures in
New England
and their effectiveness in advancing
ecosystem management for the region. The
panel served as food for thought for a
larger discussion at the 6th
Marine Law Symposium (see the 6th Marine Law Symposium link above).
Takings by the Waterfront: Analysis of the
Kelo and Palazzolo Decisions November 4, 2005
In the summer of 2005, two key decisions
were issued that affect land use and
property rights: Kelo v. City of New London,
an eminent domain case involving waterfront
properties in Connecticut, was decided by
the U.S. Supreme Court in favor of the town;
and, Palazzolo v. Rhode Island, a regulatory
takings claim involving a proposed coastal
development, was decided in Rhode Island in
favor of the state. The seminar provided
analysis of the two cases.
Listed below are resources relating to
these cases:
5th Marine Law Symposium Following the Commissions: Analysis and
Implementation of the Ocean Commission and
Pew Commission Reports
September 9-11, 2004
