A conservative group is suing for emails of a law professor who helped create legislation to force oil, gas and coal companies to pay for climate damage.
Fresh out of law school in 2022, Rachel Rothschild wrote a memo laying out the legal justification for a new strategy to fight climate change: States could force oil and gas companies to pay for the damage caused by extreme floods and wildfires that are made worse by the use of their products.
Ms. Rothschild’s work was foundational. It provided the basis for the nation’s first “climate superfund” laws, which were passed in New York and Vermont last year and could be adopted by as many as six more states as soon as this year. If implemented, they could cost oil companies billions of dollars.
Her work made Ms. Rothschild a target. She is one of a number of lawyers, law professors and judges who have been the focus of a campaign to discredit them led by a conservative group with ties to the fossil fuel industry and the Trump administration.
Shortly after the passage of the Vermont law last June, the group sued the University of Michigan, where Ms. Rothschild now teaches, after the university refused its request for Ms. Rothschild’s emails related to “climate superfunds.” As a public institution, the university is subject to the state’s public records law. The group, called Government Accountability and Oversight, has also sought to have Ms. Rothschild undergo a deposition.
The university, which has filed a motion to dismiss the lawsuit, maintains Ms. Rothschild’s communications are not subject to public records requests because they were written on her private email account. Still, the university told Ms. Rothschild that she must comply with the request for a deposition.
Experts said the actions against Ms. Rothschild seemed designed to discourage her or others from similar work.