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.

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.

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.

Worth noting: Over two dozen states and local governments are currently pursuing billion-dollar climate-related lawsuits against oil companies.

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.