Jump to Navigation
Jump to Content

Litigating Global Warming: Likely Legal Challenges to Emerging Greenhouse Gas Cap-and-Trade Programs in the United States

May 2009

Citation: ELR 10389

Author: Sharon Tomkins, Lisa Wing Stone, and Melissa Onken

Editors' Summary

Regulating greenhouse gas emissions through cap-andtrade programs appears inevitable in the United States and conflicts among stakeholders are likely to result in new litigation. The European Union Emission Trading Scheme and U.S. Acid Rain Program can be examined as exemplars to identify the stakeholders of a cap-andtrade program and the types of conflicts that are likely to emerge. Several categories of litigation are likely to develop following the enactment of federal cap-and-trade legislation, including challenges to the program, challenges to competing state and regional programs, actions enforcing the federal program, and related civil litigation among stakeholders.

Sharon Tomkins is a partner in O'Melveny & Myers' Los Angeles office. Lisa Wing Stone is a counsel in O'Melveny & Myers' Washington, D.C., office. Melissa Onken is an associate in O'Melveny & Myers' Los Angeles office. All three are members of the Firm's Energy, Natural Resources & Environmental Practice.

You must be a News & Analysis subscriber to download the full article.

You are not logged in. To access this content: