/

/

Lingering Questions at Supreme Court About Climate Change Litigation Need Resolution

Law.com, November 13, 2024

Lingering Questions at Supreme Court About Climate Change Litigation Need Resolution

What happened: Climate activists are increasingly turning to lawsuits against energy companies, prompting debates about whether courts are the appropriate venue for such policy-driven issues.

Tell me more: Frustrated with politics, activists are suing energy companies over climate issues. But critics say these cases push courts into policy roles meant for lawmakers.

  • Recent cases argue that state laws are being improperly used to regulate global energy and climate policies, creating conflicts with federal priorities and regulations.

Worth noting: The U.S. Supreme Court is currently considering petitions related to climate cases, including a challenge to a Hawaii Supreme Court ruling that allowed such lawsuits to proceed. A ruling could set a critical precedent for future climate litigation.

TLR Thoughts: Courts should not be used to impose public policy decisions better suited for state legislatures, Congress and regulators. The Texas Legislature can ensure our courts remain focused on delivering justice—not crafting policy—by passing common-sense reforms to rein in the use of broad public nuisance lawsuits that legislate through litigation.

Read the full article here.