Climate cases keep landing in state court. Why it matters
Judges across the country have now determined that climate lawsuits against oil and gas companies belong in state courts, writes Jennifer Hijazi of E&E News.
But whether climate lawsuits constitute tort claims at all has been a major point of contention in and out of the courtroom.
Oil companies should not be targeted for doing lawful business, said American Tort Reform Association President Sherman “Tiger” Joyce.
“You’re talking about energy, you’re talking about companies in an industry … that is obviously national in scope,” he said. “To say that this is interstate commerce is an understatement.”
He argued that tort expansion — like what the climate litigants propose — creates liability after the fact that is especially unfair for an industry that is already heavily regulated.
“To hold someone responsible for something — whether it’s a criminal act or whether it’s civil liability — we believe that there should be notice in advance,” he said. “You should know what the rules of the road are.”
ATRA’s statement on passage of Amendment 1 to Illinois House Bill 3360
ATRA’s statement on Amendment 1 to Illinois House Bill 3360
ATRA President Tiger Joyce released the following statement in response to the unprecedented attack on the U.S. Capitol building on January 6:
ATRA voices its disappointment as Congress fails to include liability protections in its latest COVID-19 relief package.
ATRA President Tiger Joyce writes in this op-ed about a growing trend of state courts bucking SCOTUS precedent when it comes to personal jurisdiction.
Activism in AG’s office, Supreme Court’s acceptance of lawsuit funding and loose venue rules to blame