By J. Michael Showalter of ArentFox Schiff LLP
A South Carolina state trial court recently dismissed a climate tort case filed by the City of Charleston seeking to hold major energy companies liable for harms allegedly caused by climate change. This ended a case that had bounced between state and federal courts for much of the last decade.
The decision, which we break down in detail below, is the latest in a series of state and federal decisions that have rejected attempts by municipalities to use state law as a vehicle to address climate change.
The decision is notable for a few reasons. First, it explicitly rejects the use of state law as a tool to address global climate harms, diverging from recent international trends, including the International Court of Justice’s (ICJ) advisory opinion on state responsibility for climate change. (For more, see here.)
Second, the decision marks a development in the ongoing debate over the proper forum and legal theory for addressing climate change harms. In this court’s view, state law claims seeking to redress global climate change are preempted and precluded by the federal constitutional structure and the Clean Air Act (CAA).
The court’s rationale stands in sharp contrast to the ICJ’s recent advisory opinion, which suggested that states have affirmative obligations under international law to address climate change and may be held accountable for transboundary harms. While the ICJ’s opinion may reflect a growing international consensus on the need for robust climate action, the South Carolina decision highlights the hesitancy of certain domestic courts to adjudicate claims that implicate global emissions.
Read the complete advisory here
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