I was told that part of the reason I was invited to speak here was that I had given a warm welcome to participants at a recent "takings" program held at the Vermont Law School. The other reason was my involvement in the recent case from my circuit that my chambers has been in the habit of referring to as the "global warming" case, and which I think the legal community now knows as American Electric Power, or AEP, as I see it referred to in cases from time to time.

One thing to get ready to speak here, that I suspect anyone would do, is look to see what relevant commentary, if any, there is out there and also how any other courts have treated the analysis, if at all, that we undertook in the AEP decision. In doing so, I violated a cardinal rule I had as a trial attorney, which was never, ever read what the media is saying about you while you're mid-trial. I was delighted to find that the district courts in my circuit cited it with approval. In Central California, however, there was one case that was perhaps due for somewhat different treatment if it went up on appeal.