• Fifth Circuit Holds that Private Parties have Standing to Assert Tort Claims for Injuries Allegedly Arising from Climate Change
  • November 10, 2009
  • Law Firm: Skadden, Arps, Slate, Meagher & Flom LLP - New York Office
  • Several weeks after the U.S. Court of Appeals for the Second Circuit ruled in Connecticut v. American Electric Power Company, et al., that, in the absence of comprehensive legislation regulating greenhouse gas (GHG) emissions, states, municipalities and certain private organizations have standing to bring federal common law nuisance claims seeking to impose company-specific GHG emission caps and mandatory reductions, the Fifth Circuit in Comer v. Murphy Oil USA, et al., held that private parties have standing to bring tort claims seeking both compensatory and punitive damages for property damages allegedly stemming from climate change-driven events. The AEP and Comer decisions may provide the catalyst for additional climate change tort suits seeking both money damages and GHG emissions reductions.