Global Warming Suit Infringes Free Speech

A global warming lawsuit by Eskimos seeks to impose conspiracy liability on oil and power companies for giving money to groups that question the degree of humanity’s role in global warming.  That violates First Amendment rulings like Pfizer v. Giles (In re School Asbestos Litigation), 46 F.3d 1284 (3d Cir. 1995), which barred holding companies liable for “conspiracy” for belonging to a trade association that downplayed the dangers of asbestos.  I earlier discussed this issue in the context of lead paint litigation. Southeastern Legal Foundation and American Justice Partnership have a report on the case, Native Village of Kivalina v. Exxon Mobil Corporation, entitled “The Most Dangerous Litigation in America.”