Todd M. Thacker, partner in Goldberg Segalla’s Toxic Tort and Appellate groups, spoke with the North California Record about evolving climate-change litigation and whether energy companies will be found liable for climate-change damages in cases with municipalities. Specifically, Todd delved into energy companies’ challenges to appellate rulings, the potential future of climate-change litigation with pending cases in circuit courts, and whether these cases will be judged in state court or reviewed by the U.S. Supreme Court.
“Either the Supreme Court is going to take it up, which would give them a nationwide standard, or the Supreme Court isn’t going to take it up, and then these cases are going to proceed in various states because the circuit court rulings will stand,” he explained in relation to the case of Suncor Energy v. County of Boulder being submitted to SCOUTUS for review.
Todd also discussed the matter of municipalities deciding to bring litigation forward, noting that having a lawsuit heard in state court does not automatically mean plaintiffs will succeed.
“[They] have standards of proof. They need to prove that these injuries that they’re claiming to experience are actually a result of the energy companies’ actions, and that the energy companies knew or should have known that those damages would result as a result of their actions. And that’s probably going to be a difficult hurdle for them to jump over.”
“Energy Companies Continue Challenge to Appellate Rulings in Climate Change Litigation,” North California Record, July 13, 2022
Todd M. Thacker is an experienced litigator who represents clients in toxic tort, asbestos litigation, insurance coverage, and business and commercial matters. The California State Bar has certified him as an appellate specialist. Todd has directed and drafted numerous appeals and writs in California, both as an appellate and a respondent. He has appeared before the First, Second, Fourth, and Fifth District Courts of Appeal in California and federally before the Ninth Circuit. Todd also devotes a portion of his time to dispositive and other complex motion practice. He has litigated corporate, insurance coverage, and contract disputes, working with public and private companies, partnerships, corporations, and individuals. His courtroom experience also includes leading the defense for clients involved in federal multi-district legislation.