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Carbon in the Courts

Colorado Bar Association
Event organized by Colorado Bar Association

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The Colorado Bar Association will present a CLE on the scope of a federal agency’s duty to analyze project-level greenhouse gas emissions under NEPA. ELS Advisory Board member and Kaplan Kirsch & Rockwell associate Nick DiMascio will moderate a discussion focusing on three recent federal court decisions: Sierra Club v. FERC, 867 F.3d 1357 (D.C. Cir. 2017); WildEarth Guardians v. BLM, 870 F.3d 1222 (10th Cir. 2017); Mont. Envtl. Info. Ctr. v. U.S. Office of Surface Mining & Enforcement, 274 F. Supp. 3d 1074 (D. Mont. 2017).

Through an examination of these cases, we will explore questions like:
-Must a federal agency analyze downstream carbon emissions when approving energy infrastructure or the extraction of federal resources?
-How should a federal agency analyze a particular project’s contribution to total U.S. carbon emissions given potential market substitutes for federal coal, oil, and gas?
-Which tools are available to estimate the costs of carbon emissions, and how should agencies employ them in a NEPA analysis?


Bryan Cave