DC Journal: Lawsuits Hinder Progress on Climate Change Solutions

Innovations in technology and free economies — not judges or nuisance lawsuits — provide solutions to the challenges of climate change.

That was the view of a group of energy experts and legal scholars at a panel discussion hosted by the nonpartisan Hudson Institute, a think tank in Washington.

More than 30 states, counties and municipalities have sued energy companies using state public nuisance and consumer laws, hoping to address global climate change with local nuisance laws in state courts. It’s the wrong strategy, said Donald J. Kochan, executive director of the Law and Economics Center at Scalia Law School at George Mason University.

“Courts are meant to resolve real disputes. Courts are there to say what the law is, not what the law should be — not to create rules and not to expand over time.”

Read the full article here.