Climate Change Lawsuits Maybe OKed; Like Tobacco Litigation?

WASHINGTON - EntSun -- The U.S. Supreme Court appeared very skeptical during oral arguments on Monday that energy companies should be shielded from lawsuits seeking to hold them liable for their role in causing widespread damages.

As a result, they may wind up being substantially reformed as my colleagues and I did to big tobacco, says the litigator who has been called "a Driving Force Behind the Lawsuits That Have Cost Tobacco Companies Billions of Dollars," "The Law Professor Who Masterminded Litigation Against the Tobacco Industry," and a "King of Class Action Law Suits"

Public interest law professor John Banzhaf is also the attorney responsible for the Supreme Court's earlier decision upholding standing - in his case by a handful of his law students - to being legal actions for environmental harm which occurred in all 50 states.

Banzhaf notes that both Chief Justice John Roberts and Justice Neil Gorsuch showed skepticism over the energy companies' arguments, with Roberts repeatedly questioning whether federal law or state law should apply in a case like this.

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Both pointed to the high court's legal precedents to argue that the source of law at issue in these cases should be based in the states at issue, not federal law.

Because Justice Samuel Alito recused himself, it would take the votes of at least 5 of the remaining 8 justices - including 3 generally regarded a liberal - to stop more than 60 such climate lawsuits, explains Banzhaf.

The lawsuits against the major cigarette companies forced them to stop advertising on billboards, and from using cartoon characters such as Joe Camel to promote their product; something not even Congress could have achieved because of the First Amendment, the law professor notes

We also busted up their major organizations, and forced them to shell out about a quarter of a trillion dollars, brags Banzhaf.

Public interest legal actions can be very powerful instruments for attacking major pubic health problems, especially when Congress cannot or will not take effective action, he says.

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law Emeritus
George Washington University Law School
"The Man Behind the Ban on Cigarette Commercials"
FAMRI Dr. William Cahan Distinguished Professor
Fellow, World Technology Network
Founder, Action on Smoking and Health (ASH)
Inventor of the "Banzhaf Index"
(703) 527-8418
http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf