McGuireWoods lawyers held a webinar on this just-released decision which has profound implications for the future of climate change litigation and policy. It's the first time a court has permitted this type of litigation to survive a motion to dismiss. Until now, plaintiffs pushing this type of litigation have been unable to gain traction, but with this court's wholesale rejection of all of the six or so defenses raised by defendants, members of any industry emitting greenhouse gases can expect a flood of litigation. This decision will also likely have a profound impact on the regulatory and legislative environment with regard to climate change.
McGuireWoods partners Trent Taylor and David Rieser discussed this decision in detail: how it will affect climate change litigation generally; what it means for various industries (with a particular emphasis on the energy industry); its implications for public nuisance litigation beyond climate change targets (such as groundwater contamination); and how it will affect regulatory policy going forward.