Extreme Weather Fuels New Climate Change Litigation Trend

By Michael McDonough and Stephanie Amaru (September 19, 2017, 12:45 PM EDT) -- As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the Clean Water Act and other federal and state authorities to challenge claimed industry inaction in accounting for these impacts. These lawsuits signal a growing trend of novel claims against energy companies and other industries with sizeable greenhouse gas (GHG) emissions, claiming a causal connection with climate change and sea level rise. The most recent lawsuits show that extreme weather events such as Hurricanes Harvey and Irma likely will intensify the interest of private citizens and, increasingly, municipalities and counties in filing such lawsuits and other suits pursuing other types of claims relating to climate change....

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