Recent court decisions demonstrate a growing consensus that federal law does not permit climate change lawsuits brought by public litigants against energy companies.
Judges across the nation are swiftly dismissing climate-related lawsuits, a positive development following the U.S. Supreme Court's decision earlier this year to avoid addressing the issue. In recent months, three judges in Maryland and New York have dismissed climate change lawsuits brought by public litigants who accused energy companies of harming communities through emissions and concealing these harms from the public.
Their decisions signal an emerging consensus that federal law does not permit these types of claims, which ultimately fail on their own merits.More than two dozen cities and states have filed nearly identical climate change lawsuits, posing a significant risk for energy companies and consumers who benefit from the affordability and abundance of power. Plaintiffs in these lawsuits have invoked state law claims, alleging that defendants created a public nuisance and engaged in deceptive practices. Energy companies have mounted various defenses, primarily arguing that their climate-related activities are preempted by the Clean Air Act, which grants the Environmental Protection Agency primary authority over emissions regulation, with limited exceptions that do not apply in these cases.Recent court decisions provide valuable clarity regarding the underlying objectives of climate litigators. Judge Videtta Brown, in dismissing Baltimore's climate lawsuit, stated that a successful state law climate claim would effectively function as a de facto regulation on greenhouse gas emissions, echoing similar conclusions reached by the Second and Ninth U.S. Circuit Courts of Appeal. The reason for this is straightforward: in these cases, energy providers face potentially limitless liability. The projected damages are so substantial that defendants would fundamentally alter their business practices. This is precisely the policy outcome plaintiffs seek, making the preemption issue a central concern. U.S. District Judge William Alsup even speculated that climate lawfare threatens the viability of fossil fuel production. When dismissing Oakland's climate change lawsuit in 2021, Alsup wrote that the damages sought would render the continuation of defendants' fossil fuel production 'not feasible.' Public reporting sheds light on the origins of these climate nuisance, fraud, and misrepresentation cases, revealing a coordinated network of academics, lawyers, celebrities, and left-wing foundations working behind the scenes to develop novel legal theories and secure funding. While these facts may not be directly relevant to a court, discerning observers should recognize the larger picture unfolding. Apart from preemption concerns, a January 14th decision in New York clarifies that climate deception suits fail to meet the requirements of a misrepresentation tort. Judge Anar Rathod Patel, in dismissing the second of New York City's climate change lawsuits, noted that 'the connection between fossil fuels and climate change is public information.' Courts have established that 'a reasonable consumer cannot have been misled' when the plaintiff does not present unique facts known solely by the defendant. The climate misrepresentation claims are inherently contradictory. Plaintiffs assert that the public is widely aware of climate change and that 'climate anxiety' influences economic and political decisions. Yet, they simultaneously claim that consumers have been deceived by energy companies and kept in the dark about the link between fossil fuels and a changing climate. As Patel stated, plaintiffs 'cannot have it both ways.' Reframing extreme social engineering as environmental or consumer protection is a longstanding liberal tactic. Ironically, Ralph Nader, a pioneer of this approach, contributed to the current climate policy dilemma through his successful 'pro-consumer, pro-safety' campaign against nuclear power in the 1970s.While most courts confronting the recent wave of climate lawsuits have dismissed them, a few have allowed cases to proceed to discovery and trial. This existing split in legal interpretations suggests a potential for further divergence. Plaintiffs need only secure victories in a handful of cases to achieve their desired outcomes. However, it is undoubtedly encouraging for consumers and the rule of law that the prevailing trend favors dismissal of these lawsuits
CLIMATE LAWFARE CLIMATE CHANGE LAWSUITS ENERGY COMPANIES PUBLIC LITIGANTS PREEMPTION MISREPRESENTATION JUDICIAL REVIEW RULE OF LAW
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Climate Change Fuels Insurance Troubles Across USFollowing devastating wildfires in Los Angeles, a Senate report reveals widespread insurance changes across the US. Homeowners in regions prone to climate-related disasters like hurricanes, wildfires, and tornadoes are facing increased premiums and policy cancellations. The report, based on data from major insurers, highlights areas like California, Florida, Louisiana, and Oklahoma experiencing significant insurance distress. However, Los Angeles County, currently battling wildfires, was not among the listed areas, possibly due to incomplete data.
Read more »
Extreme climate pushed thousands of lakes in West Greenland 'across a tipping point,' study findsFollowing two months of record heat and precipitation in fall 2022, an estimated 7,500 lakes in West Greenland turned brown, began emitting carbon and decreased in water quality in less than a year. The spike in temperatures caused the precipitation to fall as rain instead of snow.
Read more »
Spring Leaf-Out and Allergies: Climate Change Impacts Across the USThe USA National Phenology Network reports on variations in spring leaf-out timing across different regions of the US, with some areas experiencing delays while others are ahead of schedule. This shift in phenology is linked to climate change and is also influencing pollen seasons, leading to concerns about increased allergy symptoms. The article explores the impact of these changes on human health and the environment.
Read more »
New Report Exposes Toyota’s Years-Long Effort to Fund Climate Deniers and Block Climate ActionNewswire Editor is a Common Dreams staff position.
Read more »
Biden's Climate Adviser Says Ending Climate Action Risks Clean Tech JobsIn an extended interview, White House climate adviser Ali Zaidi said while some clean-energy sectors have achieved liftoff, others could be at risk.
Read more »
Trump Rejects Paris Climate Agreement, Targets Biden Climate InitiativesPresident Trump took swift action on Monday, reversing course on several climate policies and withdrawing the U.S. from the Paris Agreement. Trump's orders aim to prioritize fossil fuels and roll back environmental regulations, sparking immediate controversy and concern from environmental groups.
Read more »