Climate Damages Litigation update and commentary

Fossil Fuels on Trial: Where the Major Climate Change Lawsuits Stand Today: Quoted from the article cited below the excerpt:

Updated Jan. 17, 2020, with federal appeals court dismissing the national youth climate lawsuit.

The wave of legal challenges that is washing over the oil and gas industry, demanding accountability for climate change, started as a ripple after revelations that ExxonMobil had long recognized the threat fossil fuels pose to the world.

Over the past few years: Two states have launched fraud investigations into Exxon over climate change and sued (one went to trial in 2019, and the attorney general lost). Nine cities and counties, from New York to San Francisco, have sued major fossil fuel companies, seeking compensation for climate change damages. And determined children have filed lawsuits against the federal government and various state governments, claiming the governments have an obligation to safeguard the environment.”

The article continues here:

Comment: As we see below, there are significant cases falling through the cracks because of legislative confusion. Governments, through their judicial systems are too often forgetting that they are the parties that provided permits and licensing for many decades. This government amnesia must be corrected through concerted effort and awareness of litigants, by forcing them to remember that they did provide “permit issuing supervision” on behalf of the people, in a position of trust that should be completely consistent across the whole government architecture. The judges have no excuse for missing the reality of government joint culpability, and indeed the government really has a critical co-liability that they are effectively hiding by avoiding the facts about their own governments. To this end I have written to the International Commission of Juries, which sets standards for judges, explaining this problem.

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