Environmental Protection Litigation Should Be In The State Courts
Although no one can predict how the U.S. Supreme Court will rule on the pending motion for bill of complaint and petition for certiorari, the conservative majority’s interpretation of environmental statutes and regulations has not in the recent past been responsive to environmental protection.
January 03, 2025 at 11:56 AM
7 minute read
Recently, at the invitation of the U.S. Supreme Court, U.S. Solicitor General Elizabeth Prelogar filed amicus briefs setting forth the government’s position in two important environmental cases that will impact litigations addressing the harms and consequences caused by the warming of the climate.
It is now scientifically irrefutable that the burning and combustion of fossil fuels result in the emission of gases into the atmosphere which capture heat and increase the warming of the climate. The oil producing companies earn huge profits. For decades they have known and documented and then concealed that their human activity was the cause or has been a substantial factor in climate change. Numerous states and local governments, including New Jersey and the City of Hoboken, have therefore sued the nation’s largest companies that extract, produce, market and sell the fossil fuel products of oil and gas in the state courts under state laws.
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