Can State Courts Set Global Climate Policy?

Climate change has been described as a “super wicked” policy problem. Policymakers face profound difficulties in assessing the magnitude of the risks, the costs of potential solutions, and the challenges of collective action. Because climate change is global in scope, the source of emissions is often seen as less important than their overall volume. Yet despite extensive efforts by many countries, including the United States at various times, worldwide carbon emissions continue to rise.Frustration with this state of affairs has led some state and local authorities to pursue climate litigation in addition to legislative or regulatory action. These lawsuits allege that energy producers are responsible for substantial monetary harms; and taken together, they seek many billions or even trillions of dollars in damages. Many recent cases focus on claims that companies misrepresented the effects of fossil fuels on the environment in violation of state consumer protection laws.On October 8, 2025, join us for a panel discussion examining the legal and policy issues raised by these cases, including: • Preemption under the Clean Air Act and federal common law; • Challenges in demonstrating causation and attribution; • Possible implications for First Amendment protections; • Allocation of damages among dozens of energy companies, including state-owned firms that may be shielded by sovereign immunity. • The contributing role of both plaintiffs and other beneficiaries of fossil fuels; and • Whether litigation is likely to help advance efforts to address climate change.
Featuring:

David Bookbinder, Director of Law & Policy, Environmental Integrity Project
Professor Michael Gerrard, Andrew Sabin Professor of Professional Practice and Founder and Faculty Director of the Sabin Center for Climate Change Law, Columbia Law School
Professor Donald J. Kochan, Professor of Law and Executive Director of the Law & Economics Center, Antonin Scalia Law School, George Mason University
Adam White, Senior Fellow, American Enterprise Institute; Director, Scalia Law’s C. Boyden Gray Center for the Study of the Administrative State
(Moderator) Michael Buschbacher, Partner, Boyden Gray PLLC