Climate Change, Ecosystem Damage Claims and the Radicalization of the Court System
In a new blog article, I discuss that the use of the court system to address climate change, which is at its root a political and social problem is not only misguided, but dangerous. Failure-to-warn may be a viable theory of liability in a product liability suit, but it is altogether inapplicable in the context of a climate change lawsuit.
Whether oil companies should be faulted for a lack of transparency on climate change is a fair topic for debate. However, oil companies' alleged failure to warn about climate change should have no bearing whatsoever on their legal responsibility for the remediation of coastal infrastructure across the United States. This is not tort litigation. It is a perversion of tort law concepts to argue that a group of large companies should be singled out and required to make reparations for developments, for better or worse, that have come to define the present state of our civil society.
https://ruskinlitigationblog.com/2017/10/26/climate-change-ecosystem-damage-claims-and-the-radicalization-of-the-court-system/