A Debate on The Right — Climate Lawsuits and Federalism: What Is the Role of State Tort Law?

Join us Wednesday, May 15^th from 12:00 pm-2:00 pm EST in the Lincoln Room at the Waldorf Astoria.

Over two dozen municipalities have filed state-law-based nuisance, fraud, and abuse claims against energy companies seeking compensatory damages for the consequences of climate change. Similar federal common law claims were held to be displaced by environmental statutes. Are state common law actions thus preempted? Are such claims consistent with federalism?

These issues are squarely presented in the recent petition for certiorari to the Supreme Court of the United States in Sunoco LP, et al. v. City and County of Honolulu. A Hawaii state court denied the industry-defendants’ motion to dismiss which argued, among other things, that Honolulu’s state-law climate change claims are preempted. The Hawaii Supreme Court affirmed.

Featuring:

• Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law and Director, Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of Law
• Prof. Donald Kochan, Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
• Prof. Jennifer Mascott, Assistant Professor of Law and Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University

Moderator:

• James Copland, Senior Fellow and Director of Legal Policy, Manhattan Institute

The seated lunch will begin at 12:00 pm, followed by programming during the lunch at 12:15 pm.

Register Here