Gibson, Dunn & Crutcher has extensive experience representing diverse clients in matters involving state and federal clean air laws – from enforcement actions under the Clean Air Act’s Prevention of Significant Deterioration and New Source Review provisions to matters involving greenhouse gas emissions and climate change.  No law firm in the country is more involved in the area of climate change litigation than Gibson Dunn & Crutcher. 

Gibson Dunn’s involvement in several ground-breaking matters led to the firm’s inclusion in Chambers initial climate change practice rankings. Drawing on this experience, Gibson Dunn counsels clients in various industries concerning the impact of greenhouse gas legislation, litigation and regulatory initiatives on their businesses. As Congress, the EPA, the Department of Transportation, and other federal and state agencies act on various proposals to reduce the emissions of greenhouse gases from sources in multiple sectors of the economy, Gibson Dunn continues to be at the forefront of this important field. 

Representative matters include:

• Defended automobile manufacturers against a lawsuit by the State of California claiming that greenhouse gas emissions from their vehicles constitute a public and private nuisance by causing global warming and seeking billions of dollars in damages.  We successfully moved to dismiss that case on the ground that limiting greenhouse gas emissions is not a matter for the courts to decide under tort law, but rather constitutes a political question best left to the elected branches of government. 
• Massachusetts v. EPA:  Represented a coalition of automakers, engine manufacturers and auto dealers before the United States Supreme Court in the seminal case involving EPA’s authority to regulate greenhouse gas emissions from automobiles under the Clean Air Act. 
• Challenges to State Regulation of Greenhouse Gas Emissions From Motor Vehicles:  Representing the Association of International Automobile Manufacturers (AIAM) in multiple challenges to state regulations limiting greenhouse gas emissions from motor vehicles.  Litigation is currently pending the Second and Ninth Circuits, as well as the federal District Court in Rhode Island. 
• California’s Request for a Waiver of Clean Air Act Preemption for State Regulation of Motor Vehicle GHG Emissions:  Submitted comments to the EPA on behalf of automobile manufacturers in opposition the State of California’s request for a preemption waiver under Section 209(b) of the Clean Air Act for its motor vehicle greenhouse gas regulations.  After the EPA denied the request and the State brought a challenge, Gibson Dunn successfully moved to intervene and is currently seeking to uphold that determination.