Thirteen AGs Filed Amicus Brief in Support of Rhode Island Climate Liability Lawsuit

JANUARY 2, 2020

California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey led a coalition of 13 states in filing an amicus brief in support of the state of Rhode Island in its lawsuit seeking to hold fossil fuel companies liable for the costly impacts of climate change. The brief was filed in support of a district court decision that the case should be heard in state court, which the fossil fuel company defendants appealed to the U.S. Court of Appeals for the First Circuit. In their brief, the attorneys general noted that states have pursued similar public nuisance and product liability claims in state courts before, most recently in cases related to the opioid epidemic. As with those cases, the brief emphasized, impacts felt locally have led to “state and local governments play[ing] a critical role in crafting and implementing solutions.” The brief also highlighted that the Clean Air Act recognizes states’ roles in reducing air pollution, and that “the interest in combating and adapting to climate change is not exclusively federal.”