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Matthew Pawa
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Aggressive Litigator Takes Climate Change Battle to Courts
California Western students learn about innovative strategies to combat greenhouse gas polluters
SAN DIEGO, November 2, 2011 – While legislators have been slow to respond to climate change warnings, one litigator is using the courts to take action against polluters.
Attorney Matthew Pawa joined forces with attorney generals from several states and the City of New York in a 2004 lawsuit against some of the nation’s largest emitters of greenhouse gases. The suit contended that carbon dioxide emissions produced by the power companies amounted to a public nuisance. They sought a court order requiring polluters to reduce their greenhouse gas emissions over time.
Pawa shared stories and advice with California Western students today as part of a yearly lecture series co-sponsored by California Western School of Law and UC San Diego.
“I wanted to use global warming as a tort to impose liability to some of the biggest greenhouse gas polluters,” Pawa told students. “Instead of seeking monetary damages from the power companies, we sought injunctive relief. It was like a test case, similar to the early tobacco litigation. We didn’t want to shut them down. We just wanted them to reduce their greenhouse gas emissions over time.”
While the case was unanimously rejected by the Supreme Court, Pawa’s innovative efforts to use tort laws against polluters could have wide-ranging effects in the future.
“If you contribute to nuisance pollution, you can be held liable. We don’t have to untangle molecules to prove it. If you’re in for a dime, you’re in for a dollar,” said Pawa.
Pawa now represents a tiny Eskimo village in Kivalina, Alaska in a lawsuit aimed at some of the nation’s largest oil companies and power providers. The suit argues that the village is being destroyed by global warming, and seeks up to $400 million in monetary damages.
“A lot of these lawsuits intertwine with policy,” said Pawa. “The law can profoundly impact where we’re going with global warming and pollution issues. I’ve been trying to use my power as a lawyer to make sure scientists are heard.”
Matthew Pawa
Matthew Pawa is president of Pawa Law Group, P.C., and one of the founders of the Global Warming Legal Action Project.
A general practice litigator who represents a wide variety of clients, Pawa’s practice specializes in commercial litigation, real estate litigation, major environmental cases, and other legal matters involving consumer rights, unfair business practices, constitutional rights, and personal injuries.
Pawa’s lecture was part of the California Western School of Law - UC San Diego 2011-2012 Speaker Series: “From Climate Change to Global Sustainability: The Great Transition.”
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