Over 190 groups are urging Democrats in Congress resist any attempts by Big Oil to evade potential legal liability amid the growing number of legal and legislative efforts aimed at holding major polluters accountable for their role in the climate crisis.
In a Thursday letter addressed to Senate Minority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Hakeem Jeffries (D-N.Y.), the groups urge Democratic lawmakers "to proactively and affirmatively reject any proposal that would shield fossil fuel companies" from those efforts.
A quarter of U.S. residents live in a state or locality that is "taking ExxonMobil and other major fossil fuel companies to court to hold them accountable for this deception and make them pay for the damage their climate lies have caused," according to the letter. Maine, for example, became the eighth U.S. state to sue major oil and gas companies for deceiving the public about their products' role in the climate crisis.
The letter signatories include a long list of green groups such as the Center for Biological Diversity and Extinction Rebellion US, as well as the American Association of Justice and other nonprofits.
The Supreme Court on Monday denied a request by a coalition of Republican state attorneys general aimed at preventing oil and gas companies from facing these types of lawsuits. Trump has also vowed to block climate litigation aimed at Big Oil.
In their letter, the groups also point to a number of efforts, some successful, to pass what are known as "superfund laws," which force privately owned polluters to help cover the costs of protecting public infrastructure from climate-fueled threats. Oil and gas companies have lobbied against the passage of these laws.
"What's at stake here isn't just who pays for climate disasters—it's whether our democracy allows powerful industries to simply rewrite the rules when justice catches up to them," said Cassidy DiPaola, communications director of Make Polluters Pay—one of the letter's signatories—in a Thursday statement.
"Lawmakers must decisively reject any attempt by the fossil fuel industry to evade accountability and ensure both justice today and the right of future generations to hold polluters responsible for decades of deception," DiPaola continued.
The letter references episodes when "fossil fuel companies and their allies" tried to "secure a blanket waiver of liability for their industry."
In 2017, a carbon tax plan spearheaded by a group of Republican statesmen and economists proposed stopping potential lawsuits against oil companies and other corporations that release greenhouse gases, and in 2020, the fossil fuel industry tried to quietly include a liability waiver for itself in a government Covid-19 relief package, according to the outlet Drilled.
The letter also highlights that 60 Democratic House members urged leadership to categorically oppose efforts to "immunize polluters" in response to the latter effort.
"We have reason to believe that the fossil fuel industry and its allies will use the chaos and overreach of the new Trump administration to attempt yet again to pass some form of liability waiver and shield themselves from facing consequences for their decades of pollution and deception," the letter states. "That effort—no matter what form it takes—must not be allowed to succeed."
The demand from these groups comes amid broader attacks on climate and environmental protections from the Trump administration
On Wednesday, the head of the U.S. Environmental Protection Agency announced a series of actions to roll back environmental regulation impacting issues ranging from rules on pollution from power plants to regulations for vehicles.
On his first day in office, Trump signed executive orders withdrawing the United States from the Paris Climate Agreement and initiated plans to open up Alaskan wilderness to drilling and mining.
