Nine AGs Filed Amicus Brief in Support of New York City’s Climate Liability Lawsuit

New York Attorney General Barbara Underwood led a coalition of nine state attorneys general in filing an amicus brief in support of New York City’s lawsuit against five fossil fuel companies over the impacts of climate change. The lawsuit alleges that the five companies collectively are responsible for roughly 11 percent of all carbon dioxide and methane emitted from industrial sources since the Industrial Revolution, which has accelerated climate change and intensified its costly impacts. As the AGs’ amicus brief noted, New York City’s lawsuit is well grounded in nuisance and trespass doctrines of New York common law, and appropriately “seeks to ensure that some of the adaptation costs it has already started to incur are shared by the five largest publicly owned fossil fuel corporations.” The amicus brief also emphasized that the Clean Air Act and federal common law do not preempt New York City’s claims.

• Documents: Amicus Brief
• Document Type: Briefs
• States: California Maryland New Jersey New York Oregon Rhode Island Vermont Washington Washington, D.C.
• Issues: Clean Air & Climate Clean Air Act Climate Climate Adaptation & Resilience Climate Liability Fossil Fuels Greenhouse Gas Emissions Public Health
• Era: Non-Federal
• Action Type: Litigation