"Climate Nuisance" Plaintiff Stays in State Court - Climate Litigation Watch

“Climate Nuisance” Plaintiff Stays in State Court

A federal judge has allowed “climate nuisance” plaintiff Rhode Island to proceed in state court in its tort bar-led effort to obtain “help paying for” climate change. Specifically, Chief Judge William Smith from the U.S. District Court for the District of Rhode Island yesterday returned the state’s climate nuisance case to state court. Smith opened his opinion:

“The State of Rhode Island brings this suit against energy companies it says are partly responsible for our once and future climate crisis”.

The attached public records obtained by the transparency group Energy Policy Advocates (EPA) — more properly, an index of public records that RI OAG declines to release — provide reminder of on the state’s relationship with lead tort firm Sher Edling.

RI Fed Ct opinion allowing state court suit (PDF)

RI OAG Energy Policy Advocates Privilege Log 5.28.19 (PDF)

Cornett 1-05282019 (PDF)

That firm is handling these cases on contingency fee contracts promising spectacular windfalls, if also apparently underwritten by at least one activist foundation.