As the scientific consensus that global warming is a man-made phenomenon solidifies, suits against greenhouse-gas (GHG) emitters continue to increase in scope and frequency. Executives must make sure their risk-management and legal departments are planning now to mitigate the risk of such suits, as well as to learn lessons of past litigation to apply to the current wave of suits.
Several suits claiming damages based on public nuisance theories have met an early demise in the federal district courts, dismissed on the ground that they raised nonjusticiable political questions, namely how best to address climate change. Despite these dismissals, which remain on appeal before the 2nd, 5th and 9th U.S. Circuit Courts of Appeals, execs need to know that plaintiffs lawyers remain undaunted.
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