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Government,
Environmental & Energy,
Administrative/Regulatory

Feb. 8, 2018

Beware climate policy shaped through lawsuits

Filing public nuisance suits against oil companies for making and distributing fossil fuels is not the right way to fashion intelligent environmental policy.

Richard A. Epstein

Peter and Kirsten Bedford Senior Fellow
Hoover Institution

Richard is the Laurence A. Tisch professor of law, New York University Law School, and a senior lecturer at the University of Chicago.

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Beware climate policy shaped through lawsuits
Emissions from a Conoco Phillips oil refinery are seen in Wilmington, California, Sept. 10, 2010. (New York Times News Service)

In recent weeks, a procession of California cities, led by San Francisco and Oakland, have sued dozens of oil companies, including BP, Chevron, ConocoPhillips, ExxonMobil and Royal Dutch Shell, for creating a public nuisance by making and distributing fossil fuels. People of the State of California v. BP P.L.C. et al., CGC-17-561370 (S.F. Super. Ct., filed Sept. 19, 2017); People of the State of California v. BP P.L.C...

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