Indiana, 14 Other States Argue To Keep California From Setting Climate Regs

By J.D. Davidson | The Center Square, The Center Square California

May 27, 2022

(The Center Square) – Indiana Attorney General Todd Rokita is part of a 15-state effort to stop what he says "is the ability for California to use state courts to establish climate-change policy for all other states."

Rokita and 14 other attorneys general, all Republicans, filed an amicus brief arguing federal courts rather than state courts should hear common-law nuisance claims against fossil-fuel energy companies filed by several California communities.

“It is absurd to enable a single state’s judiciary to set policy on a global issue that affects all 50 states,” Rokita said. “A California court’s finding against the energy companies would require the companies to change the way they operate not just in California, but everywhere in the world they do business.”

According to a news release, "the U.S. Supreme Court previously recognized cases involving interstate emissions affect unique national interests, but a panel of the 9th Circuit Court of Appeals recently ruled California courts applying California law must decide the claims."

The attorneys general’s brief wants the full appellate court to consider the case.

“Permitting 50 different state judiciaries to set global emissions standards would lead to utter chaos,” Rokita said. “I will keep fighting for Hoosiers on this issue. We must preserve common sense, the rule of law and sound legal precedents.”  

Alabama, Alaska, Arkansas, Georgia, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas and Wyoming all signed on to the brief. There are 27 Republican attorneys general.

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