Good Law | Bad Law

Good Law | Bad Law - Exxon Knew: A Conversation w/ Michael Gerrard


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What does the New York Exxon Trial mean? For the Country? The world? And moreover, what should we be doing about climate change?
 
Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Michael Gerrard, a law professor at Columbia Law School and the founder and director at the Sabin Center for Climate Change Law, to discuss the breaking news happing in New York this week regarding the trial against Exxon Mobil, the implications that this trial has had already and may continue to have, as well as the issue of climate change itself.
 
In today’s episode, Aaron and Michael talk about the specifics of the New York Exxon Trial, the legal arguments surrounding the suit, and more. Michael and Aaron talk about this case’s potential impacts, considering it a possible bellwether case, and the notion of other states likely following New York’s example – specifically discussing Massachusetts recent filing against the oil giant. Aaron and Michael debate the role of these trials, considering the idea of these court records being documentation proving the existence and real threat of climate change. Michael explains some more substantive actions we can do in addition to filing these lawsuits, describing some more direct ways we can impact the emission of green house gases.
 
A graduate of Columbia and New York University School of Law, Michael teaches courses on environmental law, climate change law, and energy regulation. The Andrew Sabin Professor of Professional Practice at Columbia Law School, he chaired the faculty of Columbia University’s Earth Institute from 2015 to 2018. From 1979 through 2008, he practiced environmental law in New York, most recently as partner in charge of the New York Office of Arnold & Porter.  Upon joining the Law School faculty in 2009, Michael became the senior counsel to the firm. His practice involved trying numerous cases and arguing many appeals in federal and state courts and administrative tribunals; handling the environmental aspects of numerous transactions and development projects; and providing regulatory compliance advice to a wide variety of clients in the private and public sectors.
 
An author on the subjects of environmental law and climate change, Michael twice received the Association of American Publisher’s Best Law Book award for works on environmental law and brownfields. He has written or edited thirteen books, including Global Climate Change and U.S. Law, the leading work in its field, and the 12-volume Environmental Law Practice Guide. His most recent book is Legal Pathways to Deep Decarbonization in the United States.
 
To find more information about Michael Gerrard, please check out his Columbia Law bio here.
To find out more about the Sabin Center for Climate Change law, please visit their website here.
To find the New York complaint against Exxon, please click here.
To find the Massachusetts complaint against Exxon, please click here.
Please follow this link to Michael’s co-authored book, “Legal Pathways to Deep Decarbonization in the United States,” by clicking here.
To learn more about the pro-bono project that is developing model laws and regulations aimed at helping fight climate change, please click here.
To read Michael Gerrard’s Law 360 article, “How Lawyers Can Help Save The Planet,” please click here.
 
Host: Aaron Freiwald
Guest: Michael Gerrard
 
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Good Law | Bad LawBy Aaron Freiwald