Climate lawsuits are pending in courts around the country where states and municipalities are attempting to recover damages caused by climate change from fossil fuel companies. Many are caught up in additional litigation after the administration brought separate suits attempting to block states’ legal action. That litigation is receiving mixed results, with some jurisdictions siding with the federal government and others with the states.
The issue is currently pending review from the Supreme Court, in a decision expected this summer. However, perhaps feeling uncomfortable leaving the issue in the hands of the courts, Texas Senator Ted Cruz introduced new legislation that would block these cases, along with climate superfund laws. The legislation sums up its purpose, stating:
“the efforts of States to impose liability on persons engaged in the energy business for interstate and global emissions, whether through State tort law, consumer protection claims, the passage and enforcement of so-called ‘climate superfund laws’, or other civil actions, invade the exclusive jurisdiction of the Federal Government [and that]… the efforts to attribute local weather patterns and the local harms that result from meteorological events, such as floods, droughts, hurricanes, wildfires, or heat waves, to persons engaged in the energy business lack scientific credibility and are, therefore, arbitrary.’”
I write a lot on this blog about climate-related lawsuits. While many suits have been brought, none have succeeded yet. It is commonly believed that a successful case would mark the beginning of mass litigation, like that seen against Big Tobacco in the late 1980s and 1990s. The political future of Senator Cruz’s bill is uncertain. However, it is clear that fossil fuel proponents will attempt to fight these state climate actions in every way possible.
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