May 12, 2020

12 May 2020

Eighth Circuit Affirms Discharge in Bankruptcy of Common Law Climate Change Claims

On May 6, in In re: Peabody Energy Corp., a unanimous panel of the U.S. Court of Appeals for the Eighth Circuit held that certain climate-change-related claims had been discharged in Peabody Energy’s Chapter 11 bankruptcy plan. Three municipalities had brought state common law claims for negligence, trespass, nuisance and strict liability against energy companies, including Peabody, asserting that the companies contributed to global warming that has caused damage to the municipalities. (more…)