Courts & Justice Law Journal
Advocatus Iustitia Aeque
1 Cts. & Just. L.J.
ARTICLE | VOLUME 1, ISSUE 2
Misusing the Presumption Against Extra-territoriality in Climate Change Litigation
by Professor William S. Dodge, UC Davis School of Law
1 Cts. & Just. L.J. 118 (2019)
Climate change is one of the most important issues of our times. Like other important issues, it has found its way into the courts of the United States. Among the most promising climate change cases are state-law tort claims filed by cities against major oil companies. These suits do not seek to enjoin the production of fossil fuels but simply seek compensation for the costs that the cities are having to bear in order to protect against climate change. In other words, these suits seek to internalize the costs of producing fossil fuels from which the companies have profited. Two such cases—City of New York v. BP P.L.C. and City of Oakland v. BP P.L.C.—are currently on appeal before the Second and Ninth Circuits.
Humoud Y. Alfadhli
Emily M. Strak
/ Summer 2019 / C&JLJ ___________________________