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Bracing For Climate Change Exposure

Law360 (February 9, 2009, 12:00 AM EST) -- With the Obama administration’s immediate focus on, and prioritization of, climate change issues, activity on all fronts — legislative, regulatory and litigation — is increasing.

In addition, claims against companies alleging damages from “greenhouse gas” (GHG) emissions are expected to proliferate in the wake of the U.S. Supreme Court’s April 2007 ruling in Massachusetts v. U.S. Environmental Protection Agency, 127 S.Ct. 1438 (2007), that GHGs are air pollutants under the federal Clean Air Act and states have standing to sue.

Whether or not this decision has...
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