Over two dozen U.S. states and municipalities have filed lawsuits against fossil fuel companies, seeking abatement orders and compensation for climate damages based on theories such as public nuisance, negligence, and failure to warn, and alleging these companies knew about the dangers of their products, intentionally concealed those dangers, created doubt about climate science, and undermined public support for climate action. This Article examines how tort plaintiffs can establish a causal nexus between public deception and damages, drawing from past litigation, particularly claims filed against manufacturers for misleading the public about the risks of tobacco, lead paint, and opioids. A key finding is that courts may infer public reliance on false and misleading statements using multiple lines of evidence, including information about the scope and magnitude of the deceptive communications, defendants’ internal assessments of the efficacy of their disinformation campaigns, acknowledgements of intended reliance made by defendants, expert testimony on the effects of disinformation, public polling data, and more. The Article concludes with a discussion of these potential strategies and evidentiary sources.

This Article examines the nature of the threats that climate change poses and will continue to pose for salmon recovery, as well as possible legal responses to combat these threats. It also considers the future prospects of Pacific salmon in a world that will include significant climate change and other threats to preserving and equitably apportioning the salmon resource, whose environmental sensitivity and expansive life cycle will continue to pose substantial challenges for the foreseeable future. The Article is adapted from Pacific Salmon Law and the Environment: Treaties, Endangered Species, Dam Removal, Climate Change, and Beyond (ELI Press 2022).

In February 2022, the Intergovernmental Panel on Climate Change (IPCC) promulgated climate-resilient development (CRD), which combines adaptation and mitigation as a principal strategy for managing climate change. This Article discusses local land use law in the context of CRD and provides a methodology for identifying and evaluating strategies that address the global climate crisis at the local level. Local governments have the power to integrate land use strategies that include CRD components, and the IPCC identified these strategies as effective tools for implementing CRD. This Article provides a framework that defines the evolving field of CRD and facilitates its implementation.