How a Texas abortion law could spur N.Y. climate lawsuits

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How a Texas abortion law could spur N.Y. climate lawsuits
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A Texas law that allows private citizens to sue abortion providers has paved the way for legislation in New York that would empower state residents to sue the fossil fuel industry for the ravages of climate change. MsReads via EENewsUpdates

Hundreds of climate protesters walk from Times Square to New York Democratic Gov. Kathy Hochul’s office to demand more action against climate change on Nov. 13, 2021.A Texas law that allows private citizens to sue abortion providers has paved the way for legislation in New York that would empower state residents to sue the fossil fuel industry for the ravages of climate change.state Sen. Zellnor Myrie, a Democrat who opposes the Texas anti-abortion law.

Taking that lead, Myrie’s bill would create legal standing for an individual to pursue a climate lawsuit against an oil and gas company. It states that “any person, firm, corporation, or association that has been damaged as a result of a fossil fuel industry member’s acts or omissions … shall be entitled to bring an action for recovery of damages.”

New York Democrats have supermajorities in both chambers, and Myrie’s legislation has attracted an influential House sponsor, Assemblymember Michaelle Solages , who chairs the state’s Black, Puerto Rican, Hispanic and Asian legislative caucus. Stebbins also noted that an attempt by New York City to sue five fossil fuel firms over their contributions to climate change was rejected in 2021 by a federal appeals court.

But the climate liability lawsuits — which could ultimately cost Exxon Mobil Corp., BP PLC and other firms hundreds of billions of dollars — have been stymied by efforts by oil industry attorneys to move the cases from state to federal court, where companies believe the challenges are more likely to fail. The Supreme Court may soon weigh in once again on the procedural fight.

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