Climate Change Litigation: Recent Developments, Novel Theories and Emerging Trends

Description

In recent years, there has been a surge of climate change- related litigation, fueled in part by impact rising costs of climate change adaptation and impact mitigation, and recent changes in Federal climate change policy. Further, an increase in the laws around the world addressing climate change imposes new requirements for companies.

Last year, San Mateo County, Marin County and the City of Imperial Beach filed suit in California state court against over 35 defendants in the fossil fuel energy industry, seeking damages allegedly related to climate change. Just a few months later, the cities of San Francisco and Oakland, CA filed a similar complaint against the five highest-volume fossil-fuel producers to pay for infrastructure costs allegedly caused by climate change. After both cases were removed to federal court, the District Court for the Northern District issued conflicting opinions concerning a potential remand. District Court Judge Chhabria remanded the San Mateo case to state court, citing Native Village of Kivalina v. ExxonMobil as authority for precluding nuisance claims brought under federal common law. But District Court Judge Alsup declined to remand the San Francisco/Oakland case, holding that the cities’ nuisance claims were not precluded by the Clean Air Act because the plaintiffs sued the producers rather than emitters of greenhouse gases. As a result, the court opened a potential new avenue for climate change litigation.

Citizens and other organizations are suing to hold companies and the government accountable for climate-related commitments. As the battle continues in the courts, counsel must understand how the courts are treating climate change cases as well as the novel theories and emerging trends arising in climate change litigation.

Listen as our authoritative panel discusses recent developments in climate change litigation. The panel will examine the implications of recent decisions and the parties’ novel theories. The panel will also discuss considerations for companies that may face these claims and offer best practices for defending against climate change lawsuits.