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. Read more
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.
Not Just Big Oil – Awards in Climate Lawsuits Could Make Major Industries Targets, Says Legal Expert
What happened: Climate nuisance lawsuits targeting oil companies, if successful, could potentially extend to other industries with high carbon emissions. Read more
Tell me more: Other cases following a similarly opportunistic model motivated by potential financial gains could expand nuisance claims to utilities, steel, plastics, cement and ammonia industries.
- We’ve already seen nuisance litigation spread to car manufacturing, packed goods companies and beef producers.
Worth noting: Over two dozen states and local governments are currently pursuing billion-dollar climate-related lawsuits against oil companies.
- Fragmented state rulings could disrupt regulatory frameworks, complicate environmental policy and undermine economic and job considerations in policymaking.
In her own words: “Trial attorneys are not going to be limited by a view of what’s good policy as they’re filing lawsuits. They’re going to look at who has deep pockets or who is someone that I feel my law firm could prevail against.”—Gale Norton, former U.S. interior secretary
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.