Jenner & Block

“Earth Litigation,” Oil & Gas Investor

In this article, Jenner & Block Michael J. Nelson examines the history of “Earth litigation.”  He explains that this emerging area of mass-tort litigation includes three categories: climate change, earthquakes and land loss.  “Given the stakes and the industry’s opponents, energy companies at all levels – upstream, midstream, downstream – and their stakeholders should be preparing to win more battles to withstand waves of likely litigation in coming years,” he observes.  Despite early wins, he notes, mass-tort history indicates that the industry “faces a long road ahead” for three reasons: plaintiff-side experience, opportunities and incentives.