Zealous government actors often have a short-term memory on the limits of their constitutional authority. Just over seventeen years ago the Attorney General of California tried to sue six major automakers for “public nuisance” seeking damages for alleged contributions to climate change. The California AG’s novel claims were roundly rejected in 2007.
Trying to do the same thing again expecting a different result, the State of California filed a climate change lawsuit in late September – this time against six major oil companies and their trade association and this time in state court – based on similar baseless claims of public nuisance and consumer fraud. All involved in and observing the current lawsuit will be served well by a reminder of what happened in the 2007. Like the latest AG filing, the State of California v. General Motors Corp., et al. lawsuit filed in September 2016 against the auto manufacturers claimed that carbon dioxide (“CO2”) emissions from vehicles constituted a public nuisance for their contribution to global warming. In September 2007, Judge Martin J