Challenges Plaintiffs Face in Litigating Federal Common- Law Climate Change Claims

摘要

Although EPA's regulation of GHGs under the CAA will likely preempt many, if not all, federal common-law nuisance suits, climate change litigation is virtually certain to persist. As explained above, state-law tort claims will still be available to climate change plaintiffs, and some courts may be willing to entertain federal common-law claims for adaptation damages from wholly past emissions.