Energy Tradeoffs Podcast #40 – Doug Kysar
This Thursday’s EnergyTradeoffs.com podcast is our 40th episode! It features Yale Law School’s Doug Kysar talking with University of Colorado’s Sharon Jacobs about his research on “Tort Law & Climate Litigation.”
Sharon and Doug first discuss the different types of climate litigation, including causes of action based on nuisance, arguments that the government holds the climate in trust for future generation, and claims that fossil fuel companies have misled investors and the public about the dangers of climate change. They go on to discuss the challenges of holding companies liable when greenhouse gas emissions were also caused by consumers around the world, and how that may prevent or dissuade judges from allowing these suits to go forward. Finally, they discuss the remedies that the various plaintiffs are looking for to protect them from climate harm.
The conversation builds on a 2017 article that Doug and Henry Weaver published in the Notre Dame Law Review, which was titled “Courting Disaster: Climate Change and the Adjudication of Catastrophe.”
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