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"Ultra-deep-water drilling is ultradangerous, full stop," said an attorney with the Center for Biological Diversity.
Determined to prevent a "sequel" to the worst oil spill in US history, BP's deadly Deepwater Horizon disaster in the Gulf of Mexico in 2010, six environmental protection groups on Monday sued the Trump administration over what they said was its illegal approval of the British fossil fuel giant's $5 billion plan to drill in the body of water's lowest depths off the coat of Louisiana.
BP has boasted that its planned Kaskida oil field is a "world-class project that reflects decades of technological innovation," but environmental legal firm Earthjustice argued that the company has failed to prove its has the "experience, expertise, and certified equipment to conduct safe drilling under extreme conditions" in waters deeper than 5,600 feet, where opponents of the plan say extreme pressure and temperatures will make a blowout and oil spill more likely than they'd be in a typical drilling project.
A "loss of well control" was blamed for the Deepwater Horizon explosion and spill that killed 11 people, harmed and killed more than 100,000 birds and marine animals as well as untold numbers of fish, and devastated local economies—and that type of accident is 6-7 times more likely in an ultra-deep drilling project like Kaskida, according to Earthjustice.
The organization wrote in a regulatory filing last year when it was trying to block the project that "deep-water and ultra-deep-water oil spills and accidents are also much more difficult to respond to and contain.”
"BP did not show in its proposals that it will have the necessary containment capabilities in case the company needs to stop a blown-out well from spilling 4.5 million barrels of oil or more across the Gulf."
The group is representing Healthy Gulf, Turtle Island Restoration Network, Habitat Recovery Project, Sierra Club, and Center for Biological Diversity in the lawsuit, which argues that President Donald Trump's Interior Department adopted in its environmental analysis of Kaskida a severe underestimation—by about half a million barrels of oil—of what a worst-case scenario oil spill would look like.
"BP did not show in its proposals that it will have the necessary containment capabilities in case the company needs to stop a blown-out well from spilling 4.5 million barrels of oil or more across the Gulf," said Earthjustice.
Rachel Mathews, a senior attorney with the Center for Biological Diversity, said it was "appalling that the Trump administration has authorized this deep-water drilling project without having information critical to preventing harm to marine life."
“This will put Rice’s whales, sea turtles, and other Gulf wildlife at terrible risk," said Mathews. "Ultra-deep-water drilling is ultradangerous, full stop.”
The Bureau of Ocean Energy Management's (BOEM) approval of the Kaskida project was preceded by several industry-friendly actions by the Trump administration, including a meeting last month of the federal Endangered Species Committee, which voted to exempt fossil fuel companies from following policies intended to protect endangered species in the Gulf. Advocates argued that the decision was made illegally because the panel is required to meet publicly.
The administration has also proposed weakening "well control" rules for offshore drilling operations, and the White House is consolidating the BOEM and the Bureau of Safety and Environmental Enforcement—two agencies that were intentionally separated following the Deepwater Horizon disaster after an investigative commission found that conflicts of interest were created when they acted as one regulatory agency.
“Kaskida is emblematic of a new era in offshore oil extraction: corporate hoarding of risky, ultra-deep water leases in an attempt to monopolize the future of oil production, with little to no oversight from the Trump administration. We, as citizens of the Gulf South, are not standing for it,” said Martha Collins, executive director of Healthy Gulf. “BP has shown how they handle oil spills on this anniversary of the Deepwater Horizon disaster—their risky drilling and inexperience at this great depth will ensure their continued legacy of the Gulf never being the same again.”
Despite the fact that the Trump administration has taken numerous actions to ramp up oil and gas production—as the US already produces record amounts of fossil fuels—those measures are doing little to reduce oil prices, noted Earthjustice.
“Offshore drilling is one of the riskiest kinds of oil extraction, but the Trump administration is ignoring the law to allow Big Oil CEOs to endanger coastal communities for the sake of corporate profit,” said Devorah Ancel, senior attorney at Sierra Club’s Environmental Law Program. “This permit would allow BP to develop multiple ultra-deep high-pressure wells, which is already exceptionally risky, and with BP’s track record in the Gulf, coastal ecosystems face extraordinary danger. We’re suing the Trump administration to ensure the coastal communities that would suffer the consequences of BP’s actions get their day in court.”
“Such corporate impunity would twist the knife of the climate crisis that is already directly harming people across the country," said one campaigner.
Green groups warned Friday that Big Oil-backed Republican legislation would give fossil fuel companies immunity from laws or lawsuits aimed at holding them accountable for their role in causing the climate emergency.
On Thursday, Sen. Ted Cruz (R-Texas) introduced a bill co-sponsored by Sens. Ted Budd (R-NC), Tom Cotton (R-Ark.), and Mike Lee (R-Utah) that, if passed, would "prohibit liability against those engaged in the mining, extraction, production, refinement, transportation, distribution, marketing, manufacture, or sale of energy for damages or injunctive or other relief from the use of their products, and for other purposes."
Congresswoman Harriet Hageman (R-Wyo.) on Friday introduced the House version of the legislation, dubbed the Stop Climate Shakedowns Act of 2026, "to protect American energy from leftist legal crusades punishing lawful activity," as her office put it.
🚨After months of fossil fuel industry lobbying, Republican lawmakers have introduced federal legislation that would give oil and gas companies immunity from any laws or lawsuits that aim to hold them accountable for their role in the climate crisis. Time to get loud: 📣 NO IMMUNITY FOR BIG OIL 📣
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— Center for Climate Integrity (@climateintegrity.org) April 17, 2026 at 12:30 PM
If passed, the legislation would ban retroactive climate liability lawsuits, dismiss any such litigation pending upon the law's enactment, void all state energy penalty laws, and affirm that the federal government maintains exclusive authority and jurisdiction over the regulation of greenhouse gas emissions and other interstate environmental standards.
Other Republican-controlled states including Tennesseee and Utah have recently passed such legislation, and others—including Iowa, Louisiana, and Oklahoma—have introduced similar bills.
“This blatant championing of some of the world’s largest polluters shows how far certain elected officials will go to undermine democratic policymaking and deny people and communities access to justice," Kathy Mulvey, climate accountability campaign director at the Union of Concerned Scientists, said Friday.
"No company should be above the law, especially those that planned, funded, and continue to engage in a coordinated decadeslong campaign to protect their profits by deceiving the public and blocking climate action," Mulvey continued.
"Such corporate impunity would twist the knife of the climate crisis that is already directly harming people across the country," she added. "Congress must not capitulate to wealthy special interests. Communities deserve the right to hold polluters accountable for the deadly and costly harms they are causing.”
Former Democratic Washington Gov. Jay Inslee said in a statement that “every elected official who cares about the interests of their constituents more than those of corporate polluters should oppose this disgraceful proposal."
"Juries are a fundamental bastion of democracy, and it’s beyond dangerous to allow powerful and wealthy corporations to shield themselves from ever having to face jurors’ judgment," he added.
The Center for Climate Integrity said the bill "would put Big Oil above the law."
“Big Oil companies have raked in massive profits at the pump while lying to the American people about the catastrophic harm of their products, and now they want to deny Americans their rightful day in court and stick taxpayers with the bill for the mess they made," Center for Climate Integrity president Richard Wiles said Friday. "If fossil fuel companies have done nothing wrong, why do they need immunity?”
While these and other climate advocates denounced the bill, their congressional sponsors—and those lawmakers' fossil fuel industry campaign donors—applauded its introduction.
“Energy security is national security, and we will not self-sabotage our critical industries with a cascade of costly lawsuits and extreme penalties that jeopardize American drilling,” Hageman said in a statement. “America’s energy producers should be protected from the dangerous legal precedent that would be set by the retroactive punishment of lawful activity.”
American Fuel & Petrochemical Manufacturers president and CEO Chet Thompson and American Petroleum Institute president and CEO Mike Sommers said in a joint statement, "We thank Sen. Cruz and Rep. Hageman for introducing legislation to stop a growing patchwork of state laws and lawsuits that threaten American energy and risk raising costs for consumers.”
“These efforts to retroactively penalize companies for lawfully meeting consumer demand are misguided and counterproductive," the lobbyists added. "Congress should act decisively to reaffirm federal authority over national energy policy and end this activist-driven state overreach.”
Eleven states—California, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Minnesota, New Jersey, Rhode Island, and Vermont—along with the District of Columbia and dozens of city, county, and tribal governments have ongoing lawsuits seeking to hold fossil fuel companies accountable for lying to the public about their products’ role in causing and worsening climate change.
On Friday, the right-wing US Supreme Court unanimously issued an important procedural ruling that certain environmental damage lawsuits—in this case, one challenging Chevron's destruction of coastal wetlands in Louisiana—can be moved from state to generally friendlier federal courts. This, after a jury in Plaquemines Parish ordered Chevron and two other companies to pay $744 million in damages for harming coastal wetlands, a verdict that was appealed.
The US Supreme Court's decision came as its justices prepare to hear Suncor Energy Inc. v. County Commissioners of Boulder County, a case in which the plaintiffs—three Suncor entities and ExxonMobil—are seeking to relocate a climate damages lawsuit from Colorado to federal court.
Big Oil-backed efforts to relocate cases to friendlier forums come amid wins for climate defenders, most notably Held v. Montana, a historic 2024 state court ruling in favor of youth-led plaintiffs based on the Montana Constitution's right to "a clean and healthful environment."
Sen. Ron Wyden called the IRS' decision to grant Cheniere Energy a massive tax windfall "extremely troubling" given that it was one of the companies President Donald Trump promised to help during the 2024 campaign.
Sen. Ron Wyden is calling foul over a $370 million tax break that the Trump administration recently gave to Texas-based gas company Cheniere Energy.
In a letter to Cheniere CEO Jack Fusco, Wyden (D-Ore.) demanded more information from the company about the windfall it received after the Internal Revenue Service (IRS) signed off on what the senator described as a "novel and highly questionable tax position."
According to Wyden, the IRS determined Cheniere was eligible to receive the Section 6426 credit—intended to incentivize the use of "alcohol fuel, biodiesel, and alternative fuel mixtures"—which the energy company said it used to power its liquified natural gas (LNG) transport carriers.
Taking advantage of the tax credit in this manner, Wyden argued, is a complete distortion of what it was intended to accomplish.
"The alternative fuel tax credit that Cheniere claimed is for alternative fuel mixtures in 'motorboats,'" wrote Wyden. "'Motorboat' is defined elsewhere in federal regulations as a vessel '65 feet in length or less.' LNG carriers are closer to one thousand feet in length, and the 'alternative fuel' that Cheniere's carriers were powered by was reportedly LNG boiloff that would have been wasted if it were not used to power the carriers."
Wyden emphasized this point by adding, "If Cheniere’s carriers are in fact 'motorboats,' then the Titanic was a dinghy."
The Oregon Democrat said the IRS' decision to grant Cheniere this tax credit was "extremely troubling" given that the gas giant "was among the oil and gas companies then-candidate [Donald] Trump promised to give a free hand in rulemaking" during the 2024 presidential election campaign.
Wyden then demanded that Cheniere provide him a copy of the closing letter the IRS sent to the firm following its review of the alternative fuel tax credit claim; a list of each carrier, complete with the carrier's length and displacement, that Cheniere has designated as a "motorboat"; and an explanation for "how $370 million in alternative fuel costs was calculated for the periods 2018 to 2024."
Allies of fossil fuel companies are celebrating the development as a step toward "stopping the endless wave" of lawsuits against the climate-wrecking industry.
US fossil fuel giants have long sought to shift litigation over industry harms from state to friendly federal courts, and the country's top court unanimously handed polluters a big win on Friday, allowing such a move in a case centered on environmental damage in coastal Louisiana.
Cases can be removed from state court when they are against federal officers or persons "acting under" them, "for or relating to any act under color of such office." Although the US Supreme Court has previously rejected multiple removals requested by Big Oil, the justices sided with the industry in Chevron USA v. Plaquemines Parish.
The company argued that its challenged production was sufficiently related to its contractual duties to refine crude oil into aviation gasoline, or avgas, for the US military during World War II. A federal district judge and the US Court of Appeals for the 5th Circuit rejected Chevron's argument, but the high court bought it.
"Chevron has plausibly alleged a close relationship between its challenged conduct and the performance of its federal duties—not a tenuous, remote, or peripheral one," Justice Clarence Thomas wrote for the majority. Justice Ketanji Brown Jackson penned a concurring opinion.
Justice Samuel Alito recused himself shortly before arguments. As with some other cases involving Big Oil, he bowed out due to his stock in ConocoPhillips, whose subsidiary Burlington Resources Oil and Gas Company is involved in the case at the district court level.
This fight before the high court stemmed from dozens of cases filed over a decade ago. As NOLA.com detailed Friday:
In 2013, a group of local parishes and the state filed 42 lawsuits against energy companies whose predecessors sought and produced crude during World War II. They argued that the oil and gas companies damaged wetlands and failed to get or comply with the proper permits.
After a three-week trial, a Plaquemines Parish jury sided with the state in one of those cases and awarded a $745 million verdict against Chevron and two other companies.
But the companies challenged the verdict, saying the lawsuit should have been heard in federal court, not state court.
Thanks to the Supreme Court, the Plaquemines Parish case may now be retried in a US district court. Company spokesperson Bill Turenne said in a statement that "Chevron looks forward to litigating these cases in federal court, where they belong."
There are also potential implications for other legal battles involving the industry that is fueling the global climate emergency—as American Energy Institute CEO Jason Isaac, a former Republican state representative in Texas, celebrated in a Friday statement. He described the decision as "a critical step toward restoring sanity to our legal system and stopping the endless wave of politically motivated lawsuits designed to punish the very industry that powers our economy and national security."
The Supreme Court's decision notably came as the justices prepare to hear ExxonMobil and Suncor's request to move a 2018 lawsuit filed by the city of Boulder, Colorado—seeking financial damages for the companies' role in creating the climate crisis—from state to federal court. Alito has not yet recused himself from that case.
Fossil fuel companies largely have support from the Republican Party, which controls the White House and both chambers of Congress. President Donald Trump returned to power last year with help from the industry's campaign cash, and his administration has supported the companies being challenged in Louisiana.
As The New York Times noted Friday, the local communities' lawsuits "have gained support from Louisiana Republican leaders, including those who have otherwise endorsed President Trump's 'energy dominance' agenda. Gov. Jeff Landry and Attorney General Liz Murrill, both Republicans, have supported the legal challenges."
However, ahead of the November midterm elections, Republicans in Congress are working on shielding oil and gas companies from what they call "abusive state climate lawsuits." As Common Dreams reported Friday, US Sen. Ted Cruz (R-Texas) and Congresswoman Harriet Hageman (R-Wyo.) introduced the Stop Climate Shakedowns Act this week.
"Big Oil companies have raked in massive profits at the pump while lying to the American people about the catastrophic harm of their products, and now they want to deny Americans their rightful day in court and stick taxpayers with the bill for the mess they made," said Center for Climate Integrity president Richard Wiles. "If fossil fuel companies have done nothing wrong, why do they need immunity?"
There are related legislative efforts at the state level. As the Times detailed earlier this month, Utah recently "became the first state to enact a law that shields companies from climate-related claims." Tennessee swiftly followed suit, and Republican lawmakers in states including Iowa, Louisiana, and Oklahoma are working on similar legislation.
Cassidy DiPaola, communications director for the Make Polluters Pay campaign, warned earlier this year that "a federal liability shield for fossil fuel companies would not lower energy prices or ease the cost of living. It would simply shift more of the financial burden onto working families and local governments while insulating one of the most profitable industries in history from accountability."
"Congress should not close the courthouse doors to communities seeking redress," said DiPaola. "Big Oil is not entitled to special immunity from the consequences of its conduct."
This article has been updated to include updates on state legislation and Common Dreams' reporting on a bill that would shield the fossil fuel industry from liability.