The energy industry has scored early court wins in the emerging mass-tort area of “Earth litigation.” To date, this area includes litigation in three categories: climate change, earthquakes and land loss.

While each has nuances, they share a distinctive, common thread: claims by individuals, environmental groups or governmental entities that energy companies—by their existence as explorers, producers and providers of energy—have caused a change to the environment that allegedly merits compensatory damages or other relief.

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