Nov 04

lawsuits against fossil fuel companies

The fact that scientists have questions about their data is unremarkable; that's what scientists do. "This is a strategy document from ExxonMobil that basically says, 'Let's lie. Research by the London School of Economics Grantham Research Institute on Climate Change and the . 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. But the early victories that keep these lawsuits in state courts may make such disclosure inevitable. Baltimore City Solicitor Andre Davis said his office will vigorously fight for the city to protect the port and . The city filed the lawsuit Monday in Anne Arundel County Circuit Court.. 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. The companies have six weeks to appeal. But four other courts have disagreed in cases brought by Rhode Island, Boulder County, Colorado, Baltimore, Maryland; and San Mateo County, California. Anne Arundel County has filed a lawsuit against more than two dozen fossil fuel companies over the costs of dealing with the fallout of climate change. 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 Minnesota Attorney General followed on June 24, filing a lawsuit in state court against ExxonMobil, Koch Industries, and the American Petroleum Institute (API). Many Americans (29%), however, say they do not know or provide alternative answers. 2 Brattle Square, Cambridge MA 02138, USA, These 5 Communities Resilience Helped Them Withstand Danger Season 2022. 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?". So far, the industry has filed a series of motions, slowing down the cases. 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. Story produced by Dustin Stephens. The claims may parallel the New York lawsuit mentioned above, but could also include claims that consumers, in addition to investors, were deceived. 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. ", Tracy asked, "Some of these internal memos from the company acknowledge uncertainty about this. 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. They allege that the companies knew about the impacts of their greenhouse gas emissions on climate change and failed to act. "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 . 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. 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. 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. Charleston, S.C., expects to spend an estimated $3 billion to bolster the city's defense against rising sea levels. 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. 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. Msg & data rates may apply. 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 . You're browsing our English site, so by default we are only showing content in English. ", 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. New York's lawsuit was initially dismissed in federal court and the City is appealing. Until recently, the litigation has been mired in procedural mattersbut we're beginning to see significant progress. Terms, Conditions, and Privacy Policy. 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. 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. "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. Additionally, these maps show that in all but eight states, a majority of residents believe that fossil fuel corporations are responsible for global warming damages and should pay for some of the damages to affected communities. On Tuesday, October 22, New Yorks trial against ExxonMobil begins. Jan. 9, 2018: New York . A blog on science, politics, and activism. If so, it will represent a new legal theory based on fraud. In France, Total (now TotalEnergies) has been sued for misrepresenting its climate ambition. We encourage you to explore the data using our online interactive tool, where you can also download the data for further analysis. 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. These data come from five survey waves conducted from November 30, 2018 to January 6, 2019 using the Ipsos KnowledgePanel, a representative online panel of U.S. adults (18+). 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. 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. ", 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". As a result, percentages in a given chart may total slightly higher or lower than 100%. 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. Climate Change Lawsuits Against Fossil Fuel Companies Are Heating Up - Read online for free. Original article by Ken Kimmell and published by Union of Concerned Scientists. Some responded, writing they are working to combat climate change. Climate Change, Energy, Science and Democracy, Kristy Dahl But in the meantime, the water keeps rising. "The federal government has had the very same information that they're saying that the energy companies had going back to the 1960s and '70s and '80s. Many Americans (29%), however, say they do not know or provide alternative answers. 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. Baltimore's lawsuit is the 13th to be filed against oil and gas companies. Receive urgent alerts about opportunities to defend science. 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. a hypothetical price on carbon which it added to its cost estimates for business investments). 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. Exxon Mobil has previously dismissed such research as the work of anti-oil activists. Global warming, in turn, results in more extreme weather, droughts, wildfires, and flooding from sea level rise. Particularly stunning is the revelation that ExxonMobil used two sets of numbers, or carbon proxies, (i.e. 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. The court said federal common law governed the City's claims because the claims were . And internationally, . Copyright 2022 CADEIO Care For Creation | All Rights Reserved. October 23, 2019, Original article by Ken Kimmell and published by Union of Concerned Scientists. Some desperate homeowners have resorted to raising their homes by several feet. By continuing, you accept our use of cookies. File photo by Josh Kurtz. All of these lawsuits were originally filed in state court. Snapshot: In 2017, three local governments in California filed a lawsuit against 37 fossil fueld companies, including BP, Chevron, ExxonMobil, and Shell. San Mateo County, Marin County and City of Imperial Beach full complaints. ", "No, it doesn't," Tong replied. 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. 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. 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. 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. (An excellent summary of this litigation, is available here). 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. 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. 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. Exxon hit back with countersuits and appeals, attempting to . 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. 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 . ", 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. Union of Concerned Scientists 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. 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?

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lawsuits against fossil fuel companies