Until recently, the litigation has been mired in procedural mattersbut we're beginning to see significant progress. The case is currently on hold in state court pending Supreme Court rulings in unrelated litigation involving auto manufacturers . But as France, the Netherlands, Spain and Poland revolt, energy companies are on notice. First published on April 17, 2022 / 9:50 AM. Richmond, California has become the ninth city in less than a year to bring major fossil fuel companies to court over climate change. Cultural Heritage Loss and Damage Goes Ignored. On 16 March 2018, a US District Court ruled that California state courts were the appropriate setting for the climate lawsuits. Yale University. Similarly, internal pharmaceutical companydocumentsabout the opioid epidemic are now coming to light through litigation. October 23, 2019, Original article by Ken Kimmell and published by Union of Concerned Scientists. Last year, Italy's competition authority fined energy giant Eni SpA 5 million euros ($5.94 million) for ads claiming that its diesel was "green" and helped the environment. 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. And determined children have filed lawsuits against the federal government and various state governments, claiming the governments have an obligation to safeguard the environment. Like other U.S. states and municipalities suing the fossil fuel industry, Delaware says that the . a hypothetical price on carbon which it added to its cost estimates for business investments). I expect the companies to work hard to resist this disclosure of documents and internal information; so far they have already used their vast legal and financial resources to try to intimidate elected officials and advocacy groups, including ours. "This is real; we're on the front line of climate change right here in Charleston," said John Tecklenburg, the mayor of Charleston, South Carolina. The City of Annapolis is suing 26 oil and gas companies for what it calls the costs and consequences of climate change. 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. It is worth remembering that, in the early days of litigation against tobacco companies, plaintiffs routinely lost their cases, and saw little tangible benefit from the litigation. This means that in these four lawsuits, the cases will proceed in state court and under state law. This section contains a selection of key portals curated by our global team. Study after study has shown the companies' carbon emissions from oil, coal and gas are major contributors to climate change. 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. Home / Support for Lawsuits Against Fossil Fuel Companies. The case against ExxonMobil, Chevron, Sunoco, Shell Oil, and other companies argues that major oil and gas producers have worked for decades to deceive the public and policymakers about the devastating impacts of climate change. Editor: Ed Givnish. Statoil pointed out that previous lawsuits of this type had been dismissed for being a political, not a judicial, issue. Fewer (30%) somewhat or strongly oppose this idea, while the remainder do not have an opinion. Federal District Court Judge Derrick K. Watson ruled in County of Maui v. Delaware, the home state of Democratic presidential candidate Joe Biden, announced on Thursday, September 10 that it is taking dozens of major oil and gas companies including BP, Chevron, and ExxonMobil to court over the rising costs of climate impacts such as sea level rise and coastal flooding. By continuing, you accept our use of cookies. Sign up or text "SCIENCE" to 67369. Business & Human Rights Resource Centre Registered Charity in England & Wales no. The claims may parallel the New York lawsuit mentioned above, but could also include claims that consumers, in addition to investors, were deceived. Then, in March 2020, the city and county of Honolulu joined fifteen other communities and one trade association suing fossil fuel companies for climate damages. On Tuesday, October 22, New Yorks trial against ExxonMobil begins. As a result, the lawsuit claims, communities in Hawai'i are now facing increased flooding, more extreme weather . READ AN EXCERPT: "The Rule of Five," on arguing climate change before the Supreme Court. March 15, 2022 History was made in Hawaii recently when a state judge ruled that a lawsuit seeking damages from major oil and gas companies for their climate disinformation campaigns can move. Almost all of the lawsuits feature one central claim that oil companies committed a public nuisance, which is an unreasonable interference with the rights of the public. Organizers of the. RT @_MikeMeno: Want to understand climate accountability lawsuits against fossil fuel companies? Reply STOP to cancel. If so, it will represent a new legal theory based on fraud. Fossil Fuel Giants Seek Billions From European Countries Under Secretive Treaty Fossil fuel companies in Europe are using an international treaty signed nearly three decades ago to challenge several governments' ability to take climate actionexemplifying why, critics said Monday, the 1994 Energy Charter Treaty is a major impediment to transitioning away from planet-heating fossil fuels and . Rhode Island's case had been cleared to advance in state court, which the fossil fuel companies are challenging. Honolulu and the Board of Water supply are heading to trial against Chevron, Sunoco, and ExxonMobil, among others, for downplaying the damage their products have on global warming. "Because the fact is, that they knew with a fair degree of certainty that there could be serious catastrophic effects from the continued use of fossil fuels. Because of that, we could be witnessing a pivotal moment in these cases. "Since 2017, over twenty states and local governments across the country have brought comparable state common law claims against fossil fuel industry actors," the judge wrote. Original article by Ken Kimmell and published by Union of Concerned Scientists. "This is a strategy document from ExxonMobil that basically says, 'Let's lie. Be the first to hear about new surveys and studies. Then, in March 2020, the city and county of Honolulu joined fifteen other communities and one trade association suing fossil fuel companies for climate damages. Since publication, a number of cases have progressed and new lawsuits have been filed. 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. ", 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. Climate Change, Energy, Science and Democracy, Kristy Dahl But the fossil fuel companies removed them to federal court, contending that federal law should preempt state law, and that federal law allows no such lawsuits. Receive urgent alerts about opportunities to defend science. Similarly, internal pharmaceutical company documents about the opioid epidemic are now coming to light through litigation. This from @amywestervelt and @mathsavage is a great overview of the 20+ local govt plaintiffs, the legal arguments, where the cases standand why Big Oil is running scared. In the end of February 2022, the judge denied defendants' motion to dismiss the case . We are also seeing positive developments in several of the lawsuits brought by cities, counties, and states against fossil fuel companies, seeking damages for the costs these government entities will pay to cope with the climate impacts, such as sea level rise and forest fires. Only 12% of Americans think taxpayers and fossil fuel companies should pay an equal share, and just 6% think taxpayers should pay for most or all of the costs. ", ExxonMobil, which is named in all 24 of these lawsuits, says, "The claims are baseless and without merit.". In addition to these existing lawsuits, another big one appears to be on the way. If climate change were a disaster film, it would likely be accused of being too over-the-top: wildfires reducing entire towns to ashes, hurricanes swamping cities, droughts draining lakes and withering fields, and raging oceans redrawing the very maps of our coasts. The lawsuit alleges that, for years, ExxonMobil misled investors about the value of its fossil fuel assets and the risks to its portfolio posed by robust climate policies to limit global warming emissions. On 17 July 2017, three local governments in California (San Mateo County, Marin County, and the City of Imperial Beach) filed a lawsuit against 37 fossil fuel companies including BP, Chevron, ExxonMobil, Peabody Energy, Shell and Statoil. ExxonMobil, which is named in all 24 of these lawsuits, says, "The claims are baseless and without merit." In total, the cases accuse more than 40 fossil fuel companies of a disinformation. 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.". The lawsuit, filed Oct. 18 by New Jersey Attorney General Matthew J. Platkin along with the New Jersey Division of Consumer Affairs and the Department of Environmental Protection (NJDEP) agency, claims the oil and gas companies knowingly made false claims to deceive the public about the existence of climate change and the degree to which fossil . Exxon hit back with countersuits and appeals, attempting to . 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. She noted that. 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. 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. "In the next 50 years we'll see another two to three feet of sea level rise," Tecklenburg said. "There's a study from, I think, 1982 in which they produce a chart that shows, as the levels of carbon dioxide rise, the temperature of our atmosphere will rise," said Tong. The appearance of such links does not constitute endorsement of the websites they lead to or the information contained therein, over which we exercise no editorial control. On Tuesday, October 22, New Yorks trial against ExxonMobil begins. In a new nationally representative survey, we asked Americans how much they think global warming is harming their local communities, who they think is responsible for paying the costs from the associated damages, and whether they support lawsuits to make fossil fuel companies pay for a portion of local damages. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), A Roman Catholic Spirituality to Care for Creation, Declaration and Call to Action to Care for Creation, The Roundtable Association of Catholic Diocesan Social Action Directors, Ecumenical and Interreligious Guidebook: Care for Our Common Home, An Overview, Care for Our Common Home Interreligious Dialogue, Care for Our Common Home Ecumenical Dialogue. 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. 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. The Golden State has been the epicenter of climate liability lawsuits brought by local governments against major fossil fuel companies, with eight communities taking legal action so far. So far, the industry has filed a series of motions, slowing down the cases. A commercial crab fishing trade association representing West Coast fishermen has also sued the fossil fuel industry. And Britain's. ", 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. Snapshot: In 2017, three local governments in California filed a lawsuit against 37 fossil fueld companies, including BP, Chevron, ExxonMobil, and Shell. 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. We use cookies to improve your experience. Charleston, S.C., expects to spend an estimated $3 billion to bolster the city's defense against rising sea levels. We are also publishing new interactive maps that depict the geographic variation in opinions about responsibility for global warming damages. Hiring across the U.S. remained strong in October, Trump mulling 2024 announcement in weeks after midterms, sources say, Reports: Twitter set to lay off roughly half its staff, South Korea scrambles jets after spotting 180 North Korean warplanes, University of Chicago issues warning about students being drugged at parties, Man's 411-day COVID infection finally cured with drugs given to Trump, Selena Gomez opens up about bipolar disorder and psychosis. Events | Jobs | Media | Data Usage & Cookies | Contact Us. The pressure brought on so many fronts through this litigation may already be having an effect on the companies and on publicopinion, but it is critical to keep it up. Additionally, summed response categories (e.g., strongly support + somewhat support) are rounded after sums are calculated (e.g., 25.3% + 25.3% = 50.6%, which, after rounding would appear in a chart as 25% + 25% = 51%). We speak to experts about the investor-state dispute settlement (ISDS) mechanism and how it works. Although we have seen some statements of support by fossil fuel companies for policies such as anational carbon fee and dividend, and even some thoughtfuldeep decarbonization scenarios, the industry for the most part continues to fight vigorously against climate policies, such as recently spending$30million to defeat a carbon tax initiative in Washington state. For example, as detailed recently in the New York Times, ExxonMobil and BP have increased their venting and flaring of methane gas from their oil extraction operations, a pollutant that has 34-86 percent greater potential to trap heat than does carbon dioxide. We find that about half of Americans (53%) think global warming is harming their local community either a moderate amount or a great deal. Fewer think global warming is harming their community only a little (19%) or not at all (16%). 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. Jan. 8, 2018: Exxon asks a Texas court to grant a discovery order allowing the company to question officials in counties and cities suing. 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. The question is, what we're gonna do about it today? But the early victories that keep these lawsuits in state courts may make such disclosure inevitable. The Massachusetts suit focuses on deception to investors regarding the proxy cost of carbon, similar to the New York suit, but expands the suit to include new claims of deception to consumers. Experts see a "resilient" U.S. economy. Charleston is one of more than two dozen cities, counties and states that are suing these companies (including ExxonMobil, Shell, Chevron, BP and ConocoPhillips). "The water is our greatest asset; it has also become our biggest challenge.". "But I bet you've heard the phrase, 'Hope is not a strategy'? In addition, 57% of the public supports making fossil fuel companies pay for a portion of the damages to local communities caused by carbon pollution from burning fossil fuels. On Monday, the city announced that it was filing a lawsuit against 29 oil, gas, and coal companies including Chevron, BP, and Exxon to try and hold them accountable for their role in climate change and its impacts on the community. 4:20 Gov. (An excellent summary of this litigation, is available here). Many Americans (29%), however, say they do not know or provide alternative answers. Story produced by Dustin Stephens. October 23, 2019. If you'd prefer to view all available content regardless of language, please change this switch. Just this week, a California oil industry trade association paid nearly $650,000 in fees to the city of Los Angeles and several environmental advocacy groups the company had targeted in court for years following the city's implementation of new environmental safety requirements for drilling applicants. Some desperate homeowners have resorted to raising their homes by several feet. 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." . "And that chart is almost exactly right.". Supran wrote that the research will continue to aid congressional investigations and state, county, and city lawsuits against fossil fuel companies for "their decades of climate damages, denial . The claims may parallel the New York lawsuit mentioned above, but could also include claims that consumers, in addition to investors, were deceived. It is the third lawsuit filed in the last few months targeting API, which had been left out of an earlier wave of climate lawsuits. 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. More than two dozen U.S. cities, counties and states are suing fossil fuel companies over their role in the increasing hazards of climate change. 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. Federal Court Dismissed New York City's Lawsuit Against Fossil Fuel Companies. This Needs to Change at COP27. New York's lawsuit was initially dismissed in federal court and the City is appealing. For tabulation purposes, percentage points are rounded to the nearest whole number. This changed abruptly, however, when a number of state attorneys general filed suit together and eventually used the legal discovery process to wrest access to very damaging internal memos. The suits are modeled after the "Big Tobacco" cases of the 1990s, and accuse the companies and industry groups of making false and misleading claims about climate change. Recurring messages. Copyright 2022 CBS Interactive Inc. All rights reserved. One carbon proxy had a high range of prices to show investors that the company was factoring in the cost of global warming emissions in its business decisions, but a second carbon proxy had a lower, undisclosed carbon price that it used for actual business decisions. Year after year, top executives heard it from their . New Jersey officials announced a lawsuit on Tuesday against Exxon Mobil Corp., Shell Oil Co., Chevron Corp., BP, ConocoPhillips, and the American Petroleum Institute trade group, alleging the. asked Tracy. 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 . (In June, French energy giant TotalEnergies bought a 25% stake in Adani New Energy for $12.5 billion to produce and commercialize green . Let's downplay the fact of climate change,'" Tong said. "We're gonna find a way to fund the improvements that we need," he replied. April 19, 2022. ", And an on-camera host declares, "As more and more scientists are confirming, our world is deficient in carbon dioxide.". 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At the time, many, including me, 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. A Hawaiian state court has paved the way for other county and local governments to levee claims against fossil fuel companies. Deputy Director of Climate and Energy, Meghan Hassett The total sample size was 5,131, with an average margin of error of +/- 1 percentage points at the 95% confidence level. Connecticut's lawsuit, filed Monday, named ExxonMobil as a sole defendant, while the lawsuit filed on Friday by Delaware named 31 fossil fuel companies and trade groups. The city expects an estimated $3 billion in climate change-related costs. Voters aren't buying it. On September 7, Adani stepped into the green hydrogen ring, announcing that the group aims to produce three million tonnes of green hydrogen a year by 2030, compared to the earlier target of 2.5 million tonnes. You must be a registered member to view the CADEIO Care for Creation directory. Nearly four years ago, the state attorneys general of New York and Massachusetts launched investigations of ExxonMobil for climate change deception; since 2017, several municipalities have filed lawsuits against major fossil fuel companies seeking damages for the costs of climate change adaptation and resilience. The counties' lawsuit makes claims of both public nuisance and negligence against the companies. The fact that scientists have questions about their data is unremarkable; that's what scientists do. A brief history of fossil fuel lawsuits In 2015 and 2016, New York, Massachusetts, and the U.S. Virgin Islands first launched investigations into fossil fuels and whether or not companies, specifically Exxon, had knowingly pushed false advertising and deceived investors and consumers. And the suit also cites a 1988 internal draft memo from an Exxon spokesperson advising the company "emphasize the uncertainty" of climate science. in Germany (VR 38088 B). If that lawsuit is filed, it appears that it will be based on the states unfair and deceptive practices act, a broad law that allows the state attorney general (and private parties) to sue when a company commits fraud or other related wrongful practices. Results are weighted to align with U.S. Census parameters. ", 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". Jan. 9, 2018: New York . 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 . We may be at a comparable inflection point here. Learn more. 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. In May 2020, the 9th US Circuit Court of Appeals upheld the District Court's decision to remand the case to state courts. Perhaps most importantly, several companies have not even taken the most basic steps to put their own houses in order. Many Americans (29%), however, say they do not know or provide alternative answers. You're browsing our English site, so by default we are only showing content in English. "It's like any big project; you gotta look under every rock," Tecklenburg replied. 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? Man The court said federal common law governed the City's claims because the claims were . 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 cities' case uses a slightly different strategy than a lawsuit filed in July by San Mateo and Marin Counties and the city of Imperial Beach against 37 fossil fuel companies for their role in sea level rise. Half of Americans (50%) support their local officials filing a liability lawsuit against fossil fuel companies whose products contribute to climate change. 2022 CBS Interactive Inc. All Rights Reserved. A studypublished by Nature Climate Changein June found that, across 73 lawsuits targeting the fossil fuel industry, no significant attempt to clearly establish that climate change had caused ecological breakdown had been made. Underneath one of those rocks are the fossil fuel companies. We may be at a comparable inflection point here. Tracy asked Mayor John Tecklenburg, "If you're not successful with this lawsuit, what does that mean for what you're trying to do here?". Why does this matter? (2019) Majority of Americans think fossil fuel companies are responsible for the damages caused by global warming. Climate science has found that the burning of fossil fuels (coal, oil, and natural gas) produced by fossil fuel companies is causing global warming. "Filing this suit is about protecting our taxpayers and businesses from the growing fiscal impacts of climate change," County Executive Steuart Pittman (D) said in . They allege defendants were aware of the impact of their greenhouse gas emissions on climate change and failed to act. 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. The pressure brought on so many fronts through this litigation may already be having an effect on the companies and on public opinion, but it is critical to keep it up. San Mateo County, Marin County and City of Imperial Beach full complaints Snapshot: In 2017, three local governments in California filed a lawsuit against 37 fossil fueld companies, including BP, Chevron, ExxonMobil, and Shell. It claimed in a marketing campaign that it could reach net-zero carbon emissions by 2050 while still. However, the question about who should pay for most or all of the costs of damages from global warming was included in only one survey wave (N= 1,000; margin of error +/- 3 percentage points) and is therefore excluded from maps. This conflict between the publicly disclosed and privately applied carbon price could have misled investors into believing that ExxonMobil was factoring in the social cost of carbon when making business investment decisions, when it actually was using an artificially lower price that, for example, inflated the value of risky assets such as tar sand holdings in Canada. 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