Jenner & Block

Jenner & Block Teams up with LexisNexis, Marten Law Group on Innovate Climate Change Web Resource

Jenner & Block’s Climate and Clean Technology Law Practice recently announced an innovative partnership with LexisNexis, a leading global provider of information and services solutions, and Marten Law Group, to provide content for a new online Environmental Law & Climate Change Center.  The web resource center provides attorneys with online information and real-time expert commentary on the myriad legal issues raised by global climate change.

“Corporate attorneys and their outside counsel currently face a patchwork of state regulations and federal court rulings on this issue and see federal regulations on the horizon that could broadly impact their operations,” said Gabrielle Sigel, Co-Chair of Jenner & Block’s Climate and Clean Technology Law Practice.  “The Environmental Law & Climate Change Center will be a touchstone for today’s decision makers by providing them with timely content and analysis when and where they need it.”

The new center is available online at: http://www.lexisnexis.com/environmentalcenter

With the prospect of increasing state, local and federal regulations, the new center offers legal professionals news, information, expert analysis, podcasts and blogs centering on the most relevant case law, state legislative activity, regulatory changes, Environmental Protection Agency (EPA) initiatives and other key developments driven by climate change concerns.  Summaries of the expert analysis on climate change law can be found at  and the complete collection of content can be accessed by LexisNexis customers on www.lexis.com.

“Our attorneys continuously monitor legislative trends, court decisions and regulatory changes so they can keep their clients abreast of what’s happening in this evolving area of the law,” said Robert L. Graham, Co-Chair of the Jenner & Block’s Climate and Clean Technology Law Practice and the founder and Chair of Jenner & Block’s Environmental, Energy and Natural Resources Law Practice.  “We’re excited about this opportunity to share those insights with a broader audience.”

While the regulatory and legislative response to climate change has primarily been at the state and local level so far, the prospect of federal regulation appears increasingly likely and numerous courts have weighed in on related issues.  Earlier this year, the U.S. Supreme Court ruled that carbon dioxide and other greenhouse gases are air pollutants and may be regulated by the EPA under the federal Clean Air Act. The growth of federal legislative and judicial involvement will continue to challenge businesses attempting to track, understand and comply with these emerging regulations.

“This unique agreement shows how three leading organizations can pool their strengths to create compelling content of use to the broader profession,” said Gregory S. Gallopoulos, Jenner & Block’s Managing Partner.  “We’re proud to be a part of this first-of-its-kind initiative.”

Among the first Firm publications posted to the site are:

  • “EPA Denies Clean Air Act Waiver for California's GHG Regulation for Motor Vehicles,” authored by Partner Gabrielle Sigel and Associate Oscar F. Marrero, looks to examine the Environmental Protection Agency's denial of California's request for a Clean Air Act (CAA) waiver, which was sought by the state so that it could implement its own regulation policies to control greenhouse gas (GHG) emissions from motor vehicles. In the article, the authors discuss the statutory background for California CAA waivers, legal challenges to the California GHG Regulation, and the timing of the California GHG Regulation waiver request.
     
  • An article by Partner Edward F. Malone and Associate Michael R. Strong: entitled, “Registering Emissions Under Lieberman-Warner Bill - Liability Risks and Solutions,” examines America's Climate Security Act of 2007, also known as the Lieberman-Warner bill (S.2191), which passed out of the Senate Environment and Public Works Committee on December 5, 2007.  The bill would create a greenhouse gas cap-and-trade program that covers the electric power and industrial sectors of the economy, and also set GHG emissions reductions goals for the next fifty years, allowing states to adopt more stringent cap-and-trade programs. In the article, Messrs. Malone and Strong analyze how this bill could potentially affect companies in monitoring and reporting their GHG emissions and notes some of the potential dilemmas companies may face as they attempt to comply with these new requirements.