John Swallow, former Utah Attorney General, has expressed concerns regarding Charleston’s climate lawsuit against fossil fuel companies. In an op-ed, he said that such cases demonstrate the need for state attorneys general to lead large-scale public litigation to ensure proper oversight.
“This case illustrates how localities’ initiation of such litigation can raise constitutional and jurisdictional challenges, reinforcing the principle that state attorneys general — not municipalities — are best positioned to litigate on behalf of citizens when it is warranted,” said Swallow, Former Attorney General. “When government litigation in the name of citizens is driven more by local priorities than by statewide interests, it not only offends constitutional principles but risks causing a litany of problems. By restoring clear and constitutional lines of authority and accountability, we can ensure that public nuisance litigation serves the public interest as a whole, rather than in part. Empowering states, through their attorneys general, to lead these efforts safeguards both the integrity of the legal system and the citizens it is meant to protect.”
According to a report from the U.S. Chamber of Commerce’s Institute for Legal Reform, municipalities are increasingly hiring private law firms on contingency to pursue significant lawsuits related to issues such as climate change, opioids, and PFAS contamination. These arrangements may reduce transparency and create conflicts between private profit motives and public accountability.
On August 6, 2025, the South Carolina Court of Common Pleas dismissed the case City of Charleston v. Brabham Oil Co., which was a climate change nuisance and fraud lawsuit alleging that fossil fuel companies misled the public about climate risks. The court ruled that the case was constitutionally improper and preempted by federal law, aligning with other dismissals of municipal climate actions nationwide.
A July 2025 white paper from the Washington Legal Foundation, authored by former Nebraska Attorney General Doug Peterson, warns that local governments asserting parens patriae powers risk exceeding constitutional limits. The report urges states to reaffirm attorney general control over public litigation to prevent overlapping or conflicting lawsuits.
Swallow is an American lawyer and former Attorney General of Utah. Before his election, he served as Chief Deputy Attorney General overseeing Utah’s civil litigation and previously represented the 51st District in the Utah House of Representatives. He was acquitted of all prior charges and now writes on constitutional and legal reform.
