Are State Law Climate Change Tort Suits Preempted by Federal Law?
Honolulu, like many state and local governments around the country, is suing fossil fuel companies alleging a range of state-law torts related to climate change. The defendants in such cases have been trying to get the suits dismissed, or transferred to more favorable forums.
Initially the defendants sought to have the cases removed to federal court, but those efforts universally failed. Now they are trying to claim that the various state-law claims are preempted by federal law.
The Hawaii Supreme Court rejected the preemption claims in Honolulu v. Sunoco. Now Sunoco and the other defendants are seeking certiorari on the preemption claims.
As long time readers know, I believe the argument that these tort claims are preempted (or displaced) by federal law are baseless. (My longer article on the subject is here.) The federal common law of interstate nuisance may have been displaced by federal environmental regulation, but the Supreme Court has explicitly held that federal environmental statutes do not preempt state law claims (though they do prevent plaintiffs in one state from extra-territorializing the substantive standards of their state’s laws). Indeed, other than with regard to product standards, federal environmental law rarely preempts state law. Congress could preempt much state regulation and litigation concerning climate change, it just has not done so.
Earlier this week, I participated in a webinar on this issue with AEI’s Adam White, NYU law’s Richard Epstein, and Alabama Solicitor General Edmund LaCour. The webinar was sponsored by the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School of George Mason University. We had a few technical hiccups, but I think it was a substantive and worthwhile discussion (even if it was three against one).
Here are my prior posts on climate-related tort litigation (as distinct from the Juliana climate litigation):
- Why State Common Law Nuisance Claims Against Fossil Fuel Companies Are Not Preempted, Oct. 27, 2021;
- Third Circuit Rejects Oil Company Efforts to Remove Climate Claims to Federal Court, Aug. 17, 2022;
- Oil Companies Fail to Convince the Eighth Circuit Climate Cases Should Be Removed to Federal Court (Updated), Mar. 25, 2023;
- Is Climate Change Going Back to the Supreme Court? (Minnesota Edition) [UPDATED], Dec. 11, 2023;
- D.C. Circuit Rejects Oil Company Attempt to Remove District’s Climate Suit to Federal Court, Dec. 19, 2023;
- William Barr Responds on American Petroleum Institute v. Minnesota, Dec. 26, 2023;
- Supreme Court Takes a Pass on Minnesota Climate Change Case, Jan. 8, 2024;
The post Are State Law Climate Change Tort Suits Preempted by Federal Law? appeared first on Reason.com.
Source: https://reason.com/volokh/2024/05/03/are-state-law-climate-change-tort-suits-preempted-by-federal-law/
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Humic & Fulvic Liquid Trace Mineral Complex
HerbAnomic’s Humic and Fulvic Liquid Trace Mineral Complex is a revolutionary New Humic and Fulvic Acid Complex designed to support your body at the cellular level. Our product has been thoroughly tested by an ISO/IEC Certified Lab for toxins and Heavy metals as well as for trace mineral content. We KNOW we have NO lead, arsenic, mercury, aluminum etc. in our Formula. This Humic & Fulvic Liquid Trace Mineral complex has high trace levels of naturally occurring Humic and Fulvic Acids as well as high trace levels of Zinc, Iron, Magnesium, Molybdenum, Potassium and more. There is a wide range of up to 70 trace minerals which occur naturally in our Complex at varying levels. We Choose to list the 8 substances which occur in higher trace levels on our supplement panel. We don’t claim a high number of minerals as other Humic and Fulvic Supplements do and leave you to guess which elements you’ll be getting. Order Your Humic Fulvic for Your Family by Clicking on this Link , or the Banner Below.
Our Formula is an exceptional value compared to other Humic Fulvic Minerals because...
It’s OXYGENATED
It Always Tests at 9.5+ pH
Preservative and Chemical Free
Allergen Free
Comes From a Pure, Unpolluted, Organic Source
Is an Excellent Source for Trace Minerals
Is From Whole, Prehisoric Plant Based Origin Material With Ionic Minerals and Constituents
Highly Conductive/Full of Extra Electrons
Is a Full Spectrum Complex
Our Humic and Fulvic Liquid Trace Mineral Complex has Minerals, Amino Acids, Poly Electrolytes, Phytochemicals, Polyphenols, Bioflavonoids and Trace Vitamins included with the Humic and Fulvic Acid. Our Source material is high in these constituents, where other manufacturers use inferior materials.
Try Our Humic and Fulvic Liquid Trace Mineral Complex today. Order Yours Today by Following This Link.