George Mason University Antonin Scalia Law School

The Evolving Climate Change Litigation Landscape: The Rise of Consumer Deception Claims

Event Details

  • Date:
  • Division: Civil Justice Academy


For several years now, plaintiffs — and, in particular state and local city or county governments — have been filing claims against energy producers and others, including trade associations for these companies seeking billions in climate change damages in civil lawsuits where they claim these defendants are liable for climate change harms.  The dominant theory of liability in the early cases was one based on an adaptation of common law and statutory “public nuisance” law.  Recently, however, the climate change litigation has been evolving to include claims that these defendants not only caused a public nuisance but that they also have committed consumer fraud, deception, of misrepresentation under state law statutory or common laws regarding consumer protection.  This webinar panel explained and evaluated this evolution by focusing their attention on the consumer protection elements of these cases and considering the implications for civil justice.


Andrew Cook, Partner, Orrick Herrington & Sutcliffe LLP

John C. Dernbach, Commonwealth Professor of Environmental Law and Sustainability; Director, Environmental Law and Sustainability Center, Widener University Commonwealth Law School

Phil Goldberg, Partner and Co-Chair, Public Policy Practice Group, Shook Hardy & Bacon LLP

Ashley Evaro George, Associate Director, Judicial Education Program, Law & Economics Center