Using litigation to achieve policy ends has become a tried and true tactic in political and advocacy fights. However, in recent years, climate activists have used the courts as a weapon to attack large energy companies — essentially leveraging the legal system as a proxy to win a war of public opinion. Nowhere is this form of “lawfare” more pronounced than in the raft of climate litigation facing energy producers.
In fact, the group of states and municipalities looking to pin financial blame for climate change on energy companies could be reaching a critical turning point. In the near term, President Joe Biden’s solicitor general, Elizabeth Prelogar, will file a brief to the Supreme Court that could offer a position on the jurisdiction under which climate
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