Coal Plant Challenges: Strategies for Permitting and Development. Tom Lindley, Chair Environment & Natural Resources [email protected] 13879950. Assumptions. Global warming (climate change) is real and caused by human activities that emit CO 2 or CO 2 e.
Tom Lindley, Chair
Environment & Natural Resources
*State Implementation plans
Some policy questions:
Some litigation questions:
Future litigation will track similar themes: Development
CAA; NEPA; torts
Expect more suits under ESA; state land use laws
Climate litigation will continue to involve diverse plaintiffs (state, industry, non-profit)
Rapid regulatory developments may make previous court decisions "moot."
Judges will continue to confront same issues:
Standing; judicial authority/competence and the need to make decisions in a dynamic environment
Permitting Agencies and even courts may delay or refuse to permit new or modified facilities until Congress and state legislatures resolve uncertaintiesLitigation Outlook