Dismissal by State Climate Prosecution Circuits Can Mean Big Liability

By Todd Thacker (June 22, 2022, 5:05 p.m. EDT) – In jurisdictions across the country, state and local governments have moved closer to holding energy companies liable for damage to public infrastructure allegedly caused by climate change.

Prompt opinions from federal circuit courts across the country have answered the question, “Can these actions be brought in state court?” with a unanimous “yes” – except for a possible outlier.

If this trend continues and plaintiffs can establish their respective cases in state courts, then – absent intervention from the US Supreme Court – the US energy sector could face a flood of liability claims. Such affirmations could raise the energy…

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