Scott Ellis Discusses Developments in Climate Tort Litigation

Foley & Lardner LLP partner Scott Ellis is quoted in the Law360 article, “Energy Litigation To Watch In The Second Half Of 2023,” discussing recent developments in climate tort litigation.

Lawsuits by state and local governments against energy companies for climate change-related infrastructure damagers will now proceed in lower courts following a key decision by the U.S. Supreme Court in April to deny the companies’ efforts to keep the cases at the federal level.

Ellis, who is the vice-chair of Foley’s Energy Litigation Practice Group, said how each case progresses could vary by what courtroom it is in.

“We haven’t seen the substance of the claims being litigated, it’s all been procedural,” Ellis explained. “What claims are going to be able to get kicked on summary judgment and what claims are the courts going to allow to go forward? I suspect it will differ by state.”

Ellis said the Supreme Court’s decision to stay out of climate torts will also prompt additional lawsuits in other state courts.

“We’re going to see a significant amount of tort claims against energy companies and really testing the waters to see which states are going to be receptive,” Ellis added.

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