A Supreme Court decision last month holding the EPA responsible for regulating greenhouse gasses could have tsunami-like effects on insurers. In order to explain the decision and its importance in greater detail, Claims' Eric Gilkey spoke with James Davis, who represents policyholders in complex insurance coverage matters on behalf of the Chicago law office of Anderson Kill & Olick.
Can you explain from a legal standpoint the Supreme Court verdict in Massachusetts v. EPA?
The Supreme Court found as an important preliminary matter that the State of Massachusetts had standing to contest the refusal of the Environmental Protection Agency (EPA) to regulate the emission of greenhouse gasses (GHGs), because the State had suffered the actual physical loss of its shoreline and faced further losses in the future.
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