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.

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Related links:

Donald Kochan: Environmental Law without Congress

Differing Views:

Making oil companies pay for climate change isn’t the right move for science or the Constitution

Oil Companies Should be Held Accountable for Climate Change

Pay attention to the growing wave of climate change lawsuits

Environmental Law and Public Nuisance

Waking the Litigation Monster: The Misuse of Public Nuisance