Gray Matters

A Debate on The Right—Climate Lawsuits and Federalism: What Is the Role of State Tort Law?

Gray Matters

Show Notes

This is a rebroadcast of a panel discussion from an event we co-hosted on May 15, 2024, with the Manhattan Institute and the Federalist Society. The panelists discuss whether state tort law is an appropriate tool for addressing climate change and the petition for certiorari in Sunoco LP, et al. v. City and County of Honolulu.

Featured Speakers: Jonathan Adler, Case Western Reserve University School of Law James Copland, Senior Fellow and Director of Legal Policy, Manhattan Institute Donald Kochan, Antonin Scalia Law School Jennifer Mascott, C. Boyden Gray Center for the Study of the Administrative State

More from Gray Matters

Oct 22, 2026

Jace Lington speaks with Rupert Darwall about his new book, The Age of Error and the West's Undoing. In the book, Darwall argues that Western leaders doubled down on policies to fight climate change after the 2008 financial crisis, which led to a clash between environmentalism and geopolitics. He also makes the case that politicians became codependent on experts (central bankers, climate scientists, and public health officials) in ways that undermine democratic accountability and lead to worse policy outcomes.

Oct 15, 2026

In the keynote panel from the Gray Center's May conference, moderator Adam White (Gray Center, AEI) speaks with Michael Williams (West Virginia Solicitor General) and Matt Leopold (Holland & Knight and former EPA General Counsel) about federal energy and environmental regulation, focusing on the Supreme Court’s pending Suncor v. City of Boulder case and broader post-Chevron litigation dynamics.

Sep 29, 2026

In this panel discussion, moderator Aaron Nielson (University of Texas at Austin) speaks with Michael Buschbacher (Boyden Gray PLLC), Matt Gregory (Gibson Dunn & Crutcher LLP), and Stephanie Maloney (U.S. Chamber Litigation Center) about legal remedies and the state of strategic litigation against agencies.

Sep 9, 2026

Oklahoma Secretary of Energy and Environment Jeff Starling and the Fulcrum Foundation’s Reeve Bull discuss a new regulatory reform pilot project in Oklahoma. They share how Oklahoma is using AI to reform regulatory processes, reduce costs, and improve efficiency in government.

Aug 7, 2026

Jace Lington and Bennett Nuss talk with NCLA President and Chief Legal Officer Mark Chenoweth about the evolving landscape of injunctions in the legal system, particularly in light of recent cases likeTrump v. CASA. They explore the definition and function of injunctions, the surge of nationwide injunctions during the Trump administration, and the implications of forum shopping in legal proceedings. The conversation also delves into the role of the Administrative Procedure Act in judicial review and the strategic maneuvers of agencies to circumvent judicial oversight.

See all episodes →