Two U.S. Federal Appellate Courts "Revive" Mass Tort Claims Based on Impact of Greenhouse Gases

Two recent U.S. Court of Appeals decisions -- one in the Second Circuit and the other in the Fifth Circuit -- suggest "...a willingness on the part of the appellate ranks of judiciary...to allow the causes and effects of climate change to be decided in the courts, a step that may place even greater pressure on Congress to enact climate change legislation and that would preempt such actions," according to a new Fulbright Briefing published by the law firm of Fulbright & Jaworksi LLP.

As the Fulbright Briefing explains, "[T]he underpinnings of [the two decisions] pose the potential for increased climate change litigation nationwide." Nevertheless, the briefing points out that plaintiffs in these actions face significant hurdles related to standing.

I think most would agree that trying individual law suits is no way to craft any sort of reasonable climate change policy, but in the absence of any such policy at the federal level these sort of efforts are likely to continue.