Climate change has become the latest opportunity for abuse of the legal system. For many decades, liberals have turned to the courts when the democratic policymaking process has posed obstacles to their grandiose plans. Now, left-leaning cities and counties want to distort tort law, our nation’s…
Moreover, blaming fossil fuels for climate change, which might then affect city budgets, amounts to the type of extraterritorial regulation forbidden by the Constitution. Under the “dormant” Commerce Clause, the Supreme Court has long struck down state laws that advance economic protectionism under the guise of health and safety or environmental goals. States also cannot impose regulations on imports that effectively seek to control activity that primarily takes place beyond their borders.
But even with the court’s revival of federalism in this case, states do not have the right to control conduct beyond their territory. A state cannot seek to impose its own views of economic or environmental policy on the rest of the nation. Limiting energy use or replacing fossil fuels with renewable sources should be up to our elected representatives in Congress. The U.S.
Finally, these cities and counties cannot show that their lawsuits would have any effect on rising sea levels and their harms. The energy companies might produce CO2 in the single digits as a share of all human emissions; even if they paid massive damages, other countries and industries would continue to emit greenhouse gases undeterred.
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