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Essentially the lawsuits say the oil and gas companies have known for decades that burning fossil fuels is one of the biggest contributors to global warming. 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 . "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 . In July, Marin County, San Mateo County, and the city of Imperial Beach sued 37 fossil fuel companies, seeking damages from the industry for its role in sea level . Baltimore's lawsuit is the 13th to be filed against oil and gas companies. 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. By continuing, you accept our use of cookies. 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. Since then, numerous cities, including Oakland, Calif., New York, N.Y., Annapolis, Md.,. Charleston is one of more than two dozen cities, counties and states that are suing these companies (including ExxonMobil, Shell, Chevron, BP and ConocoPhillips). 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 is not an issue of who knew what or when, or who said what and when," Goldberg replied. In May 2020, the 9th US Circuit Court of Appeals upheld the District Court's decision to remand the case to state courts. In addition to these existing lawsuits, another big one appears to be on the way. Some responded, writing they are working to combat climate change. New Haven, CT: Yale Program on Climate Change Communication, School of Forestry & Environmental Studies. The world's most polluting companies are increasingly being targeted by lawsuits challenging their inaction on climate change and attempts to spread misinformation, according to a new report. 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. (In June, French energy giant TotalEnergies bought a 25% stake in Adani New Energy for $12.5 billion to produce and commercialize green . 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 . 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. ", "No, it doesn't," Tong replied. In addition to these existing lawsuits, another big one appears to be on the way. In addition, two thirds of Americans (66%) somewhat or strongly distrust fossil fuel companies, while about one third (31%) somewhat or strongly trust them. The oil and gas companies targeted by the lawsuits had argued that the matter should be transfered to federal courts. All of these lawsuits were originally filed in state court. Some desperate homeowners have resorted to raising their homes by several feet. A Hawaiian state court has paved the way for other county and local governments to levee claims against fossil fuel companies. While Energy Transfer's RICO claims against the organization have been dismissed, the pipeline company filed a second lawsuit in North Dakota state court, which is scheduled for trial in June 2023. We are a 501(c)(3) nonprofit organization. The total sample size was 5,131, with an average margin of error of +/- 1 percentage points at the 95% confidence level. Several climate change lawsuits against fossil fuel companies and governments are now proceeding to trial and one suit may even yield a verdict soon. 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. File photo by Josh Kurtz. If so, it will represent a new legal theory based on fraud. We may be at a comparable inflection point here. 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. Tong is suing ExxonMobil under the state's consumer protection laws. This section contains a selection of key portals curated by our global team. 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. 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 farare very limited and tenuous. A blog on science, politics, and activism. 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. 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. 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. "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. As a result, the lawsuit claims, communities in Hawai'i are now facing increased flooding, more extreme weather . This Needs to Change at COP27. As a result, percentages in a given chart may total slightly higher or lower than 100%. But in the meantime, the water keeps rising. The court said federal common law governed the City's claims because the claims were . We are also publishing new interactive maps that depict the geographic variation in opinions about responsibility for global warming damages. 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. (617) 547-5552. Because of that, we could be witnessing a pivotal moment in these cases. 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. Exxon hit back with countersuits and appeals, attempting to . Instead of acting to reduce. Although we have seen some statements of support by fossil fuel companies for policies such as a national carbon fee and dividend, and even some thoughtful deep decarbonization scenarios, the industry for the most part continues to fight vigorously against climate policies, such as recently spending $30 million to defeat a carbon tax initiative in Washington state. ", 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. Our 2018 Corporate Legal Accountability Annual Briefing Turning up the heat: Corporate legal accountability for climate change provides an in-depth analysis of these lawsuits and examines the opportunities and challenges for Organizers of the. 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. "But I bet you've heard the phrase, 'Hope is not a strategy'? This tool maps variations in Americans' opinions about existing or potential lawsuits against fossil fuel companies. 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 . 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 . 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? Cities and counties and states are being the ones left with the problem when the federal government doesn't step up to the plate. Let's say the science is not clear. And now, many cities and states are asking, who's going to pay for all of this? Colorado's average temperature has risen by 2 degrees Celsius in recent decades. Many are among the largest fossil fuel companies in the world, including ExxonMobil, Shell and Chevron. Correspondent Ben Tracy asked, "Can you raise taxes high enough to cover these costs?". 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, Oct. 18, the state announced a lawsuit against five major oil companies ExxonMobil, Shell, Chevron, ConocoPhillips, BP, and the American Petroleum Institute (API) to hold them accountable for their environmental impacts. 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. Business & Human Rights Resource Centre Registered Charity in England & Wales no. We are a 501(c)(3) nonprofit organization. Msg & data rates may apply. 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. A commercial crab fishing trade association representing West Coast fishermen has also sued the fossil fuel industry. Charleston, S.C., expects to spend an estimated $3 billion to bolster the city's defense against rising sea levels. 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 . ", Tecklenburg laughed: "Hope springs eternal, right?". The cases make a variety of arguments about why fossil fuel companies bear. Because of that, we could be witnessing a pivotal moment in these cases. 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. Phil Murphy's administration sued five fossil fuel companies and their trade group Tuesday for "systematically concealing" information that the burning of oil and gas has. Research by the London School of Economics Grantham Research Institute on Climate Change and the . According to Shell, climate change should be addressed through sound government policy and cultural change not by the courts. 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. Study after study has shown the companies' carbon emissions from oil, coal and gas are major contributors to climate change. Tecklenburg said, "I feel if you've contributed to the problem, that you should contribute to the solution.". 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. 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. This means that in these four lawsuits, the cases will proceed in state court and under state law. In the span of four years, theres been a flurry of litigation aimed at holding the oil and gas industry accountable for its role in spreading climate change disinformation and making the climate crisis worse. "And that chart is almost exactly right.". / CBS News. Text "SCIENCE" to 67369 or sign up online. 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. 2 Brattle Square, Cambridge MA 02138, USA, These 5 Communities Resilience Helped Them Withstand Danger Season 2022. Site by Constructive, A program of The Yale School of the Environment, Support for Lawsuits Against Fossil Fuel Companies, Yale Program on Climate Change Communication, property damage, economic injuries and impacts to public health. Is that fair? The new lawsuits join a growing number of California communities that have filed suit against oil and gas companies to hold them accountable for their role in driving climate change. The city filed the lawsuit Monday in Anne Arundel County Circuit Court.. 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. We use cookies to improve your experience. Learn more. New York's lawsuit was initially dismissed in federal court and the City is appealing. ", 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". San Mateo County, Marin County and City of Imperial Beach full complaints. The city expects an estimated $3 billion in climate change-related costs. 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. This fall, the U.S. Drought Monitor classified the entire state as in drought. Half of Americans (50%) support their local officials filing a liability lawsuit against fossil fuel companies whose products contribute to climate change. In it, Dr. Sherwood Idso states, "A doubling of the CO2 content of the atmosphere will produce a tremendous greening of Planet Earth. 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. in Germany (VR 38088 B). Several of these state and local governments are now winning major procedural skirmishes over whether federal courts or state courts should hear these cases. a hypothetical price on carbon which it added to its cost estimates for business investments). 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. ", And an on-camera host declares, "As more and more scientists are confirming, our world is deficient in carbon dioxide.". But the early victories that keep these lawsuits in state courts may make such disclosure inevitable. 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. "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 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. In France, Total (now TotalEnergies) has been sued for misrepresenting its climate ambition. While fossil fuel companies have been fighting to have these lawsuits moved to federal court, where they expect more favorable judgments, state courts will rightly hear these cases locally, where the concerns of residents are front and center. They allege defendants were aware of the impact of their greenhouse gas emissions on climate change and failed to act. 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 . 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. On Tuesday, October 22, New Yorks trial against ExxonMobil begins. On Tuesday, October 22, New Yorks trial against ExxonMobil begins. New Jersey Attorney General Matthew Platkin (D) on Tuesday announced a lawsuit against five fossil fuel companies and the American Petroleum Institute (API), alleging they misled the public on . "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. 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 . The maps reveal widespread agreement that fossil fuel companies are responsible and should pay for a portion of the damages to local communities. This means that in these four lawsuits, the cases will proceed in state court and under state law. The city's been battered by an endless parade of floods due to sea level rise. 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. "The water is our greatest asset; it has also become our biggest challenge.". But the early victories that keep these lawsuits in state courts may make such disclosure inevitable. Similarly, internal pharmaceutical company documents about the opioid epidemic are now coming to light through litigation. (An excellent summary of this litigation, is availablehere). (An excellent summary of this litigation, is available here). Rhode Island's case had been cleared to advance in state court, which the fossil fuel companies are challenging. In the span of four years, theres been a flurry of litigation aimed at holding the oil and gas industry accountable for its role in spreading climate change disinformation and making the climate crisis worse. Several of these state and local governments are now winning major procedural skirmishes over whether federal courts or state courts should hear these cases. William Tong, attorney general of Connecticut, said, "I'm suing ExxonMobil because they lied to us.". 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. Two federal courts agreed with that argument and dismissed cases brought bySan Francisco,OaklandandNew York City. Charleston, South Carolina is bracing for a long and uncertain legal battle. The City of Annapolis is suing 26 oil and gas companies for what it calls the costs and consequences of climate change. She noted that. The lawsuit against it was filed by the family of 52-year-old Isidro Fernandez, a Tyson employee who died of Covid-19 in April . "So, in some ways, it is a bit of a money grab?" 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. Union of Concerned Scientists 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. 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. April 17, 2022 / 9:50 AM Climate scientists say the burning of fossil fuels (coal, oil, and natural gas) is causing global warming, which results in more extreme weather, droughts, wildfires, and flooding from sea level rise. READ AN EXCERPT: "The Rule of Five," on arguing climate change before the Supreme Court. The Minnesota Attorney General followed on June 24, filing a lawsuit in state court against ExxonMobil, Koch Industries, and the American Petroleum Institute (API). Toxic smog turns India's capital "into a gas chamber", Climate change lawsuits: Taking fossil fuel firms to court. The claims may parallel the New York lawsuit mentioned above, but could also include claims that consumers, in addition to investors, were deceived. ", "So, your argument is, even if they didn't know everything, they knew enough? 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. The case is ongoing. We encourage you to explore the data using our online interactive tool, where you can also download the data for further analysis. 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. And determined children have filed lawsuits against the federal government and various state governments, claiming the governments have an obligation to safeguard the environment. 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. 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. 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.

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lawsuits against fossil fuel companies

lawsuits against fossil fuel companies

lawsuits against fossil fuel companies

lawsuits against fossil fuel companies