Are oil companies liable for damages to cities that result from climate change? Professor Donald Kochan of the Chapman University Dale E. Fowler School of Law and David Bookbinder of the Niskanen Center debate whether or not cities can sue fossil fuel manufacturers under a theory of common law public nuisance and whether Congress or the court is the better venue for addressing such a dispute.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Learn more about Donald Kochan:
https://www.chapman.edu/our-faculty/donald-kochan

Follow Donald Kochan on Twitter: @DonaldKochan
https://twitter.com/donaldkochan

Learn More about David Bookbinder:
https://niskanencenter.org/blog/staff/david-bookbinder/

Related links:

Donald Kochan: Environmental Law without Congress
https://fedsoc.org/commentary/videos/environmental-law-without-congress

Differing Views:

Making oil companies pay for climate change isn’t the right move for science or the Constitution
https://www.latimes.com/opinion/op-ed/la-oe-kochan-climate-litigation-20180706-story.html

Oil Companies Should be Held Accountable for Climate Change
https://niskanencenter.org/blog/oil-companies-should-be-held-accountable-for-climate-change/

Pay attention to the growing wave of climate change lawsuits
https://www.vox.com/energy-and-environment/2019/2/22/17140166/climate-change-lawsuit-exxon-juliana-liability-kids

Environmental Law and Public Nuisance
https://law.yale.edu/sfalp/major-cases/environmental-law-and-public-nuisance

Waking the Litigation Monster: The Misuse of Public Nuisance
https://www.instituteforlegalreform.com/uploads/sites/1/The-Misuse-of-Public-Nuisance-Actions-2019-Research.pdf