New Haven, CT: Yale Program on Climate Change Communication, School of Forestry & Environmental Studies. The city of Charleston filed a lawsuit Wednesday in state court against two dozen major oil and pipeline companies, alleging their products and the spread of misinformation about fossil fuels have . We may be at a comparable inflection point here. If so, it will represent a new legal theory based on fraud. Opinion pieces, interviews and blogs from across the business and human rights movement. We are a 501(c)(3) nonprofit organization. "So, in some ways, it is a bit of a money grab?" Some desperate homeowners have resorted to raising their homes by several feet. Yale Research Team: Jennifer Marlon, Xinran Wang, Abel Gustafson, Matthew Ballew, Matthew Goldberg, Seth Rosenthal, Anthony Leiserowitz, This research was supported by the Union of Concerned Scientists. In it, Dr. Sherwood Idso states, "A doubling of the CO2 content of the atmosphere will produce a tremendous greening of Planet Earth. EarthRights International identified 152 cases in the past 10 years where the fossil fuel industry has used strategic lawsuits against public participation and other judicial harassment tactics in . They allege defendants were aware of the impact of their greenhouse gas emissions on climate change and failed to act. Federal courts also ruled that lawsuits filed in the City of Baltimore, Boulder County, San Miguel County, and the City of Boulder will proceed in state court. October 19, 2022 / 7:27 AM / CBS/AP Jersey City New Jersey officials announced a lawsuit Tuesday against five oil and gas companies and a petroleum trade organization, alleging they had. Former Contributor. Fewer (30%) somewhat or strongly oppose this idea, while the remainder do not have an opinion. ", Tracy asked, "The attorneys in some of these cases, though, would say that what they're doing is trying to hold these companies liable for deception. As a result, cities such as Baltimore (Maryland), Oakland (California), Boulder (Colorado), and New York City, among others, are suing oil and gas companies like ExxonMobil, BP, and Chevron for knowingly contributing to property damage, economic injuries and impacts to public health caused by climate change and sea-level rise. Jan. 8, 2018: Exxon asks a Texas court to grant a discovery order allowing the company to question officials in counties and cities suing. All of these lawsuits were originally filed in state court. The counties' lawsuit makes claims of both public nuisance and negligence against the companies. ", ExxonMobil, which is named in all 24 of these lawsuits, says, "The claims are baseless and without merit.". The court said federal common law governed the City's claims because the claims were . On 16 March 2018, a US District Court ruled that California state courts were the appropriate setting for the climate lawsuits. The lawsuits against the oil companies contain a wide range of legal claims, including claims based on misrepresentation by the oil companies. When asked more specifically about whether fossil fuel companies or taxpayers should pay for the costs of the damages caused by global warming, a majority of Americans (53%) think fossil fuel companies rather than taxpayers should pay for most or all of the costs. In May, the United States Court of Appeals for the Ninth Circuit dealt another blow to fossil fuel company defendants in climate liability lawsuits. Sign up or text "SCIENCE" to 67369. Get browser notifications for breaking news, live events, and exclusive reporting. And the suit also cites a 1988 internal draft memo from an Exxon spokesperson advising the company "emphasize the uncertainty" of climate science. Why does this matter? Defendants include 29 major oil and gas companies, one coal company, and the American Petroleum Institute (API), the largest trade association for the U.S. oil and gas industry. Although lawsuits are decided in the court of law, the court of public opinion also plays a critical role in shaping the local, state, national, and international response to climate change. File photo by Josh Kurtz. On October 10, the Massachusetts Attorney Generals office notified ExxonMobil that it intends to file suit against the company, claiming that the company acted deceptively with respect to the dangers of fossil fuel consumption. The oil and gas company, which is nearly entirely state-owned, said Sunday, Aug. 14, 2022, it also saw a 90% surge in net profits for the second quarter of 2022 compared to the same time last year . Results are weighted to align with U.S. Census parameters. In addition, ExxonMobil and Shell said these lawsuits do nothing to advance that goal. But in the meantime, the water keeps rising. Charleston is one of more than two dozen cities, counties and states that are suing these companies (including ExxonMobil, Shell, Chevron, BP and ConocoPhillips). Events | Jobs | Media | Data Usage & Cookies | Contact Us. One of a series of 1991 newspaper ads from the Information Council for the Environment, an energy industry group. While several US states and cities have filed lawsuits against fossil fuel companies for "greenwashing" in recent years, three environmental groups took a different route in March when they launched a landmark lawsuit against Chevron Corp. Global warming, in turn, results in more extreme weather, droughts, wildfires, and flooding from sea level rise. (In June, French energy giant TotalEnergies bought a 25% stake in Adani New Energy for $12.5 billion to produce and commercialize green . We speak to experts about the investor-state dispute settlement (ISDS) mechanism and how it works. Year after year, top executives heard it from their . To watch "The Greening of Planet Earth," a 1992 video produced by the Western Fuels Association, click on the player below: "CBS Sunday Morning" reached out to several of the companies. The California lawsuits are part of a wave of litigation against fossil fuel companies, alleging they not only contributed to climate change but actively worked to discredit climate science and . San Mateo County, Marin County and City of Imperial Beach full complaints. Internal documents said the goal of their advertising campaign was to "Reposition global warming as theory (not fact). Research by the London School of Economics Grantham Research Institute on Climate Change and the . The case centers around claims against the company under the state's "Martin Act," which gives the New York attorney general broad powers to challenge corporate actions that defraud investors. On Tuesday, October 22, New Yorks trial against ExxonMobil begins. Charleston, South Carolina is bracing for a long and uncertain legal battle. Supreme Court Case Could Limit Future Lawsuits Against Fossil Fuel Industry The court heard arguments on a technical legal question in a case that demands fossil fuel companies help. We are also publishing new interactive maps that depict the geographic variation in opinions about responsibility for global warming damages. He points to ads that look like editorials from ExxonMobil, as well as their executives' own words, including the 1996 statement by Lee Raymond (then the CEO of Exxon) that "the scientific evidence remains inconclusive as to whether human activities affect the global climate. Exxon hit back with countersuits and appeals, attempting to . And Britain's. The legal developments are thus all the more welcome for the prospect that they can change company behavior and finally help hold these companies accountable for the climate damage they have wrought. Principal Climate Scientist, Adam Markham This fall, the U.S. Drought Monitor classified the entire state as in drought. Until recently, the litigation has seemed to have been mired in procedural matters but, in the last few months, we have begun to see significant progress on many fronts. Half of Americans (50%) support their local officials filing a liability lawsuit against fossil fuel companies whose products contribute to climate change. We hoped, too, that in the long run, the lawsuits might provide funding for communities ill-equipped to pay for the enormous impending costs of climate change. Because of that, we could be witnessing a pivotal moment in these cases. Many are among the largest fossil fuel companies in the world, including ExxonMobil, Shell and Chevron. ", Lazarus said even if the cities and states prove the fossil fuel companies deceived the public about climate change, it doesn't necessarily mean they will win: "They've done a really good job of showing that the oil and gas industry, I think, engaged in fraudulent activity. Such impacts are costly to many cities and states in the U.S., often requiring them to rebuild their communities and to develop protections against future damages. Unless the fossil fuel companies are successful in getting a federal appeals court or the US Supreme Court to put a hold on these cases (which seems unlikely), the plaintiffs will eventually be able to conduct discovery, which is likely to include requests for documents and depositions of fossil fuel company executives to find out sensitive matters such as: 1) when did the companies know that emissions from their products were causing global warming; 2) to what extent does their internal knowledge diverge from what the companies were saying publicly about climate science and climate change? If so, it will represent a new legal theory based on fraud. Let's downplay the fact of climate change,'" Tong said. Several of these state and local governments are now winning major procedural skirmishes over whether federal courts or state courts should hear these cases. The fact that this litigation is actually coming to trial represents a monumental success, and it could open the floodgates for many more lawsuits if it is successful, including investor class action cases. 2 Brattle Square, Cambridge MA 02138, USA The unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit marked . The federal district court for the Southern District of New York dismissed New York City's lawsuit seeking to hold oil and gas companies liable for climate change harms. The challenge will be causation, to prove that their fraudulent behavior is what prevented the United States from passing the laws we needed to reduce those greenhouse gas emissions.". In the span of four years, there's been a flurry of litigation aimed at holding the oil and gas industry accountable for its role in spreading climate . Similarly, internal pharmaceutical companydocumentsabout the opioid epidemic are now coming to light through litigation. Maui County scores a victory in lawsuit against fossil fuel companies News Release from County of Maui, Feb 12, 2021 Today a federal court dealt a blow to fossil fuel companies sued by the County of Maui for costs associated with the impacts of climate change. RT @_MikeMeno: Want to understand climate accountability lawsuits against fossil fuel companies? A majority of Americans (57%) also think fossil fuel companies have either a great deal or a moderate amount of responsibility for the damages caused by global warming. This Needs to Change at COP27. Energy companies have been suing European governments for billions of euros to protect their fossil fuel . Home / Support for Lawsuits Against Fossil Fuel Companies. In essence, these companies and others areincreasingtheir use of the earths atmosphere as a free sewer for the global warming pollutants that flows directly from their operations, despite claiming their commitment to being more responsible actors. (2019) Majority of Americans think fossil fuel companies are responsible for the damages caused by global warming. The case centers around claims against the company under the states Martin Act, which gives the New York attorney general broad powers to challenge corporate actions that defraud investors. This tool maps variations in Americans' opinions about existing or potential lawsuits against fossil fuel companies. Get news on the go with KHON 2GO, KHON's morning podcast, every morning at 8 In October 2020, Maui County filed a lawsuit against 20 fossil fuel companies for the rising costs and impacts. At the time, many, includingme, hoped these legal actions would reveal the truth about climate deception and create leverage to persuade these companies to get out of the business of opposing necessary governmental climate solutions. Moreover, while some companies have pledged to adjust their business plans to align with the carbon-constrained goals pf the Paris agreement, the plans prepared so far are very limited and tenuous. ", Climate change costs cotton farmers billions, Climate change measures on the line in the 2022 midterms, Major glaciers will be gone by 2050 due to climate change, U.N. warns, Europe temperatures increased more than twice global average, report says, "The Rule of Five," on arguing climate change before the Supreme Court, Mayor John Tecklenburg, Charleston, South Carolina, William Tong, Attorney General of Connecticut, "The Rule of Five: Making Climate History at the Supreme Court". The fossil fuel companies argue that cases against them should be heard in federal court in part because they were issued leases by the federal government, which they say qualifies them as "federal officers." . Richmond, California has become the ninth city in less than a year to bring major fossil fuel companies to court over climate change. Unless the fossil fuel companies are successful in getting a federal appeals court or the US Supreme Court to put a hold on these cases (which seems unlikely), the plaintiffs will eventually be able to conduct discovery, which is likely to include requests for documents and depositions of fossil fuel company executives to find out sensitive matters such as: 1) when did the companies know that emissions from their products were causing global warming; 2) to what extent does their internal knowledge diverge from what the companies were saying publicly about climate science and climate change? ", "This is not an issue of who knew what or when, or who said what and when," Goldberg replied. Rhode Island's case had been cleared to advance in state court, which the fossil fuel companies are challenging. 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