A Failure Of Logic In Va. Supreme Court GHG Case

Law360, New York (April 23, 2012, 1:08 PM EDT) -- The Virginia Supreme Court issued its opinion on rehearing in the greenhouse-gas case of AES Corp. v. Steadfast Ins. Co., No. 100764 (Va. April 20, 2012). On rehearing, the Virginia Supreme Court affirmed its initial decision excusing Steadfast from having any duty to defend AES in connection with a suit brought by an Alaska native group, the Kivalina, alleging that the routine emission of greenhouse-gases by AES’s power-generating activities was the proximate cause of certain environmental changes adversely affecting the Kivalina people.

The Virginia court offered...
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