The Viability of State Law Claims in Climate Change Litigation: Comparing New York and Rhode Island

A growing number of state and local governments are suing under state law claims to seek compensation from fossil fuel companies for climate change impacts. A central issue in these cases is whether these state law claims are preempted by federal law. So far, courts interpreting nearly identical issues have come to diverging conclusions. To better understand the current and evolving landscape of the viability of state law claims in climate change litigation, this article considers and compares two of these cases: The City of New York v. BP P.L.C. et al. and State of Rhode Island v. Chevron Corp. et al.