Damages
Herb, Ep 3: The Next Citizens United Will Be a Climate Case
Podcast summary created with Snipd AI
Quick takeaways
- Fossil fuel companies are using the argument of protected speech to defend themselves in climate liability cases, claiming their misleading statements were aimed at shaping policy or blocking regulation.
- Attorney Theodore Butros, known for his defense of free speech under the First Amendment, is involved in defending oil and gas companies in climate liability cases, highlighting the importance of the First Amendment in these cases.
Deep dives
Climate liability cases and the argument for free speech
The podcast discusses climate liability cases brought against fossil fuel companies by various municipalities and states, focusing on the recent cases in Honolulu and Massachusetts. These cases allege that the companies' misleading statements about climate change caused greater climate impacts and increased costs for dealing with those impacts. The defense argument presented by corporate attorneys in these cases revolves around the protection of free speech and petitioning activity under the First Amendment. They claim that the companies' speech was aimed at shaping regulation and therefore protected. However, opposing arguments highlight that free speech does not protect fraud or deception, and that the liability cases aim to hold the companies accountable for their misleading actions.
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