February 2, 2009
Environmental Law360 quoted partner John L. Wittenborn in an article titled "Shift from Bush Enviro Agenda Likely to be Subtle."
The article examined the possible methods the Obama administration may choose to handle pending environmental issues and litigation. The article discussed pending lawsuits such as a case regarding greenhouse gas emissions brought by California against the U.S. Environmental Protection Agency (EPA), as well as suits involving the Clean Water Act and liability standards under the Superfund law.
In particular, Mr. Wittenborn was quoted on the U.S. Court of Appeals for the District of Columbia Circuit's challenge of the "so-called Johnson memorandum, which clarified that the EPA does not include carbon dioxide in its list of regulated pollutants."
"'The current administration could either withdraw that opinion, issue another opinion or the issue could come up in the next case,' said John Wittenborn, a partner in the environmental practice group at Kelley Drye & Warren LLP."