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16 Se. Envtl. L.J. 33 (2007-2008)
What the Law and Lawyers Can and Cannot Do about Global Warming

handle is hein.journals/scen16 and id is 37 raw text is: WHAT THE LAW AND LAWYERS CAN AND CANNOT Do ABOUT GLOBAL WARMING* MICHAEL B. GERRARD I. INTRODUCTION ............................................................................... 33 II. TYPOLOGY OF CLIMATE CHANGE LITIGATION ............................... 34 A. Statutory Claim s ...................................................................... 35 B. Common Law Claims ............................................................. 39 III. THE LIMITATIONS OF TORT LAW ............................. 40 IV. How To GET THE BENEFITS OF THE CERCLA LIABILITY SCHEME W ITHOUT THE NEGATIVES ............................................................. 45 V. OTHER ROLES FOR LAWYERS ........................................................ 51 A PPEND IX ................................................................................................. 55 I. INTRODUCTION Nearly everyone who believes that global climate change is a serious problem agrees that it should be dealt with through a comprehensive federal regulatory program.1 We are now in the seventh year of a national * This article is based on a keynote address delivered on Sept. 21, 2007 at the conference, Balancing Private & Public Rights in the Coastal Zone in the Era of Climate Change, which was co-hosted by the Southeastern Environmental Law Journal and the Georgetown Environmental Law and Policy Institute at the University of South Carolina School of Law. The agenda for this conference can be seen at University of South Carolina School of Law, Southeastern Environmental Law Journal, Balancing Public and Private Rights in the Coastal Zone in the Era of Climate Change: The Fifteenth Anniversary of Lucas v. South Carolina Coastal Council, http://www.law.sc.edu/elj/2007symposium/agenda.shtml (last visited Mar. 12, 2008). The litigation update provided here is current through December 2007. - Michael B. Gerrard is managing partner of the New York office of Arnold & Porter LLP. He has practiced environmental law in New York since 1979. He formerly chaired the American Bar Association's Section of Environment, Energy and Resources. He is the author or editor of seven books, including GLOBAL CLIMATE CHANGE AND U.S. LAW (American Bar Assoc. 2007). He also taught environmental law as a member of the adjunct faculties of Columbia and Yale. The author can be contacted at MichaelGerrard@aporter.com. 1 Cf COMM. ON ENERGY AND COMMERCE, 110th CONG., CLIMATE CHANGE LEGISLATION DESIGN WHITE PAPER (Comm. Print 2007), available at http://energycommerce.house.gov/

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