4 ms·
That type of case will most like be public nuisance suits under state tort laws, akin to for example, the recent Oklahoma opioid case against Johnson and Johnso
by smt1 7y ago
That type of case will most like be public nuisance suits under state tort laws, akin to for example, the recent Oklahoma opioid case against Johnson and Johnson, or say, lead paint lawsuits.
These types of laws tend to be much more pervasive than "blue sky laws" that enable securities fraud cases.
There was a Supreme Court ruling about a decade ago that under federal law (specifically the Clean Air Act), it is solely the job of the EPA to regulate energy companies in most aspects related to the environment.
That ruling does not cover state tort laws or state securities fraud laws. It's been a tactic by the fossil fuel industry to move nuisance cases to federal courts, but in many recent rulings, most of the federal courts have been throwing them back to state courts in jurisdictional rulings.
The Supreme Court just a few days ago declined to hear a number of cases related to nuisance suits, which threw them back to state courts: https://news.bloombergenvironment.com/environment-and-energy/supreme-court-wont-stall-climate-case-against-oil-companies https://news.bloombergenvironment.com/environment-and-energy...
A number of other nuisance suits are about to be filed soon, most notably by Washington DC and Honolulu. There may be a very large number of these lawsuits in the future, whether it be by cities, counties, or states.