SOURCE: Climate Exchange PLC

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After a two-day deliberation, rich nations agreed to take on internationally-binding commitments while developing countries agreed to take domestic actions to cut the emission of harmful greenhouse gases that cause climate change.

In the run up to the climate change talks in Copenhagen in December, developed nations want emerging economies like India, China and Brazil to take up legally binding greenhouse gas emission cuts, a move stoutly opposed by them.

The plaintiffs sought compensatory and punitive damages based on Mississippi common law precedent and the provisions of the Mississippi Constitution, and they argued they had standing to litigate these claims based on the 2007 decision of the United States Supreme Court in Massachusetts v. EPA. The Court held that the states had standing to seek review of a decision by the EPA not to regulate carbon dioxide emissions, and that CO2 is a pollutant as defined by the Clean Air Act, and could be regulated as such provided that EPA makes the appropriate finding that its emissions are an "endangerment" under the law, and there was a plausible link between man-made emissions of greenhouse gases and global warming. While allowing the claims based on private and public nuisance, negligence and trespass to continue, the Appeals Court dismissed the claims based on allegations of unjust enrichment, fraudulent misrepresentation and civil conspiracy.

The Appeals Court not only overturned the brief dismissal order issued by the U.S. District Court for the Southern District of Mississippi, but also harshly criticized the lower court decisions in California v. General Motors Corporation and the first American Electric Power case decided in the Southern District of New York. However, the court noted that the Second Circuit recently reversed the American Electric Power case, using a footnote to remark that "the Second Circuit's reasoning is fully consistent with ours, particularly in its careful analysis of whether the case requires the court to address any specific issue that is constitutionally committed to another branch of government."

"The U.S. Supreme Court ruling to classify carbon emissions as pollutants was an important turning point," said environmental lawyer Anthony Cavender, who is based in Pillsbury's Houston office. "Given that the Obama Administration has already advocated for tighter regulations related to the environment as a whole, and in particular, for tougher policies governing carbon emissions, many plaintiffs may now feel that the time is right to file such suits, hoping that that both state and federal courts will be equally sympathetic. That tactic paid off in Comer given the unanimous ruling for the plaintiffs."

On the other hand, in Native Village of Kivalina v. ExxonMobil Corporation, et al., Case No. C 08-1138 SBA, decided September 30, 2009, the U.S. District Court for the Northern District of California dismissed a federal common law nuisance claim filed by the plaintiffs, members of the Inupiat Eskimos living in a village near the Arctic Circle. The plaintiffs alleged that the defendants, 24 oil, energy, and utility companies, contributed to the excessive emissions of carbon dioxide and other greenhouse gases which caused global warming and consequently diminished the Arctic sea ice that protects their village from winter storms, and that the resulting erosion and destruction will require their relocation.

Here the court ruled that the complaint must be dismissed as a non-justiciable claim under the political question doctrine of the Supreme Court's 1962 decision in Baker v. Carr. In doing so, the court took issue with a contrary ruling of the Second Circuit Court of Appeals in Connecticut v. American Electric Power, decided on September 21, 2009. In addition, the court held that the plaintiffs failed to adequately establish that they have standing to pursue these claims, failing to show that there was any connection between their alleged damages and the defendants' conduct.

"While each case must be evaluated on the merits of evidence on a individual basis, the decision in Kivalina is more in keeping with how courts have traditionally ruled--often dismissing these types of cases as "nuisance suits" filed by plaintiffs for no other purpose than to cause headaches for companies they politically or personally disagree with," said partner Sheila Harvey, head of Pillsbury's Climate Change & Sustainability team. "But as more carbon emission cases go to trial, testing case law or reinterpreting it differently as happened here when both cases cited Connecticut v. American Electric Power, companies may find themselves increasingly facing potential liability if they can't demonstrate that every effort has been made to reduce or limit carbon emissions as part of the standard cost of doing business."

Pillsbury's Climate Change & Sustainability team assists clients in funding, supporting, and building technologies, facilities or products that help reduce the world's carbon footprint. Pillsbury's experience advising energy clients on carbon emissions-related matters dates back more than 20 years when the State of California first began mandating specific rules related to reducing greenhouse gases (GHGs). Our team members have advised on more than 100 climate change matters in the past five years, including negotiating at the international level under the Framework Convention on Climate Change and on the EU's GHG cap-and-trade program; legislative activity at the U.S. federal and state level, and GHG-related litigation. Pillsbury also serves clients in the area of financing projects aimed at securing GHG-emission reduction credits. We also have significant experience assisting cleantech start ups to secure financing and patent new technologies designed to burn cleaner fuels or reduce greenhouse gases. For more visit, www.pillsburylaw.com/climatechange.

SOURCE: Pillsbury Winthrop Shaw Pittman LLP

Pillsbury Winthrop Shaw Pittman LLP 
Sandi Sonnenfeld 
Director of Public Relations 
212-858-1741 
sandi.sonnenfeld@pillsburylaw.com

"How can we forge a deal that protects the planet and that is just, equitable and politically acceptable? To bring emissions down to 350 ppm (parts per million) requires the sort of action few politicians are prepared to talk about," he said.

Pointing out that there was no room for compromise, fudged deals or half-measures, Mr. Nasheed said radical change was required for which humanity must embrace new technologies to bring down the atmospheric concentrations of carbon dioxide to 350 ppm. This will prevent "irreversible, catastrophic climate change."

"We are living in a manner that the planet cannot sustain. I am not suggesting that people cut consumption and give up the good life; I am suggesting that we cut out carbon and consume renewables instead."

The Maldivians lived on their islands for over 2,000 years, and "we don't want to trade paradise for an environmental refugee camp. But climate change not only threatens the Maldives, it threatens us all. The message from the Maldivian frontline is that what happens to us today happens to the rest of the world tomorrow."

In his opening remarks, Sha Zukang, Under Secretary-General for Economic and Social Affairs to the Delhi Conference, said climate change demanded urgent action and rapid, wide diffusion. The world could not afford to wait for these technologies to follow the usual path of gradual diffusion: from rich to middle-income to poor countries. "Global climate policy will succeed, or fail, depending on whether it brings low-emissions technologies and technologies for adaptation within the reach of poor countries, and poor communities, without further delay."

Having contributed the least to climate change, developing countries were the most vulnerable to its impact. Yet, failure to address the challenge would be disastrous for the whole planet. "The full arsenal of climate-friendly technologies should be mobilised for the fight against climate change. International technology cooperation and knowledge-sharing can ensure that mature technologies are widely adopted."

Source: The Hindu website, Chennai, in English 23 Oct 09

BBC Mon SA1 SADel dg

The VERs sold to HSE are validated and verified to ISO 14064-2 and pending validation to the Climate, Community and Biodiversity Alliance ("CCBA") standard. ISO 14064-2 is the proposed requirement for verification under the Canadian Federal Offset System for Greenhouse Gases as published on June 10, 2009. CCBA is the leading voluntary international standard for projects that simultaneously minimize climate change, support sustainable development, and conserve biodiversity.

The VERs sold to HSE are generated through ERA's Community Ecosystem Restoration Program ("CERP") which has been operational in the Lower Fraser Valley of British Columbia since September 2005. CERP is a large scale urban forest restoration program that began in the District of Maple Ridge in 2006, which now includes projects in the District of Mission, the City and Township of Langley, and within Metro Vancouver. The CERP program is supported by the sale of VERs generated through ERA's ecosystem restoration and reforestation endeavors in degraded riparian areas. These VERs are registered on the Markit Environmental Registry (formerly TZ1), an international carbon offsets registry which supports transactions in high quality voluntary carbon offsets through a credible, externally audited retirement facility. VERs are utilized by ethical organizations looking to reduce their carbon footprint by increasing their sustainability endeavors. Entega Vertrieb GmbH & Co. KG ("Entega"), a division of HSE, will utilize the offsets to create a CO2-neutral energy product for its customers throughout Germany. Entega is one of Germany's largest electricity and gas supply companies. Dr. Robert Falls, CEO of ERA commented, "We are pleased to be delivering this second tranche of offsets to our clients at HSE/Entega. We believe they stand at the forefront of environmental stewardship as they have made a conscious effort to support the critical role forests play in climate change. We look forward to working closely with them through the remainder of our delivery schedule and beyond."

About HSE and Entega

HEAG Sudhessische Energie AG (HSE) is a German based energy and infrastructure company based in Darmstadt. Together with its subsidiaries, HSE provides retail, industry, and residential communities with electricity, natural gas, water, and technical services. As one of Germany's largest electrical and natural gas suppliers, Entega Vertrieb GmbH & Co. KG (Entega) is focused on the provision of modern, sustainable energy. As an energy supplier utilizing and harnessing natural resources from the earth, Entega has a responsibility to the people we serve and to the world we inhabit. It is this awareness that motivates us to not only focus on protecting the environment, but to also renew the environment in order to help mitigate the effects of climate change. To this end, Entega works to shape and support an energy supply system that does not endanger the ability of future generations to grow and prosper. By actively supporting sustainability, our customers drive the ecological change that ensures renewable energy and renewable thinking are no longer a niche idea, but the norm. Our aim at Entega is simple: a carbon neutral energy supply that remains affordable. By linking the provision of energy with the provision of a sustainable future, we can create a win-win scenario for both the environment and the economy. That is what Entega calls a sustainable provision of a modern day energy supply. "Entega - Ernergie der nachsten Generation", "Entega - Energy of the next Generation".

About ERA Carbon Offsets Ltd.

ERA is a Canadian based pioneer in forest-based carbon offset programs and project development. Through its subsidiary, ERA Ecosystem Restoration Associates Inc., ERA produces significant measurable carbon sequestration benefits that are validated and verified to international standards and sold to purchasers interested in offsetting their greenhouse gas footprints as a means of mitigating the effects of climate change. ERA is producing EcoNeutral(R) offsets from the Company's "Community Ecosystem Restoration Program" (CERP) in the Lower Fraser Valley, near Vancouver, British Columbia. ERA is also developing projects in Africa, South America, and the United States. ERA has generated ISO-validated and verified EcoNeutral(R) carbon offsets from the CERP project to supply clients and offset users that include Catalyst Paper, Rolling Stone Magazine, Shell Canada Ltd., Air Canada, the Motion Pictures Producers Industry Association, and the Globe Foundation.

Additional information on ERA can be found on the corporate website www.eraecosystems.com or by contacting investor@econeutral.com.

On behalf of the Board of Directors of ERA CARBON OFFSETS LTD.

Robert Falls, Chief Executive Officer

FORWARD LOOKING STATEMENTS: This document includes forward-looking statements as well as historical information. Forward-looking statements include, but are not limited to, the continued advancement of the company's general business development, research development and the company's development of forest-based carbon offsets. When used in this document, the words "anticipate", "believe", "estimate", "expect", "intent", "may", "project", "plan", "should" and similar expressions may identify forward-looking statements. Although ERA Carbon Offsets Ltd. believes that their expectations reflected in these forward looking statements are reasonable, such statements involve risks and uncertainties and no assurance can be given that actual results will be consistent with these forward-looking statements. Important factors that could cause actual results to differ from these forward-looking statements include fluctuations in the marketplace for the sale of carbon credits, the inability to implement corporate strategies, the ability to obtain financing and other risks disclosed in our filings made with Canadian Securities Regulators.

SOURCE: ERA Carbon Offsets Ltd.

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