Washington Legal Foundation has published a new Working Paper titled "Public Health and Parens Patriae: How Attorneys General Can Preserve States’ Exclusive Litigation Authority." The paper, authored by former Nebraska Attorney General Doug Peterson, addresses the authority of states to sue on behalf of their citizens and the conflicts that arise when municipalities or counties assert similar authority in civil litigation.
The publication includes a foreword by South Carolina Attorney General Alan Wilson, who highlights a proactive strategy for Attorneys General. Wilson states, "General Peterson proposes a proactive strategy for Attorneys General to monitor public health risks, engage with political subdivisions, and intervene to preempt unauthorized local claims."
The paper discusses the increasing involvement of political subdivisions in high-profile public health or safety litigation against business defendants already facing state lawsuits. These actions can interfere with state litigation strategies and complicate settlements. According to Peterson, only states have the sovereign authority to bring parens patriae claims seeking redress for their citizens' harms.
Peterson explains that political subdivisions are not sovereigns and cannot pursue parens patriae claims without delegated authority from the state. He suggests that states can use legal maneuvers such as preemption or preclusion against separate litigation efforts by political subdivisions. Examples include cases related to opioid and natural resource damage litigation.
To address potential abuses of parens patriae, Peterson proposes a three-part process aimed at helping Attorneys General respond effectively to public health risks while minimizing tensions between states and their political subdivisions.
Information from this article can be found here.
