The Climate Change Litigation and Municipalities as Plaintiffs
Municipalities are often defendants in court, but increasingly they have become plaintiffs, suing a variety of industries and seeking remedies for city-wide injuries that also further public-policy goals. The climate-change litigation provides a prism for understanding how state law can provide some of the tools for this type of litigation and the types of roadblocks defendants throw up to reliance on state law through removal to federal court and the use of federal-officer removal to mount appeals that can delay proceeding to the merits. With cases now pending before the U.S. Supreme Court, the litigation has the potential to establish a clearer path for municipalities as plaintiffs.
Speaker: Robert Peck