New Report Documents the 'Corporate Campaign to Deny Municipalities Access to the Courts'

In a new report released today, the Center for Climate Integrity documents a coordinated effort among major corporations, their trade associations, and associated front groups to restrict the ability of municipalities to access the courts in an effort to escape accountability for their actions.

The report, "Pushing Preemption: the Corporate Campaign to Deny Municipalities Access to the Courts," explains how the U.S. Chamber of Commerce has played a lead role in the push to preempt municipal court access, along with the American Legislative Exchange Council and the National Association of Manufacturers.

In June, the U.S. Conference of Mayors passed a resolution that condemned such efforts by the Chamber and others as "a direct threat to municipal and taxpayer rights."

After a growing number of U.S. cities and counties filed lawsuits to hold major oil and gas corporations accountable for climate change damages caused by their products, the report shows how the Chamber and a network of corporate-backed allies expanded strategies previously aimed to shield other industries from liability to now include fossil fuel corporations.

"Communities have long turned to the courts to hold corporate actors accountable for damages caused when industries intentionally deceive the public about the danger of their products," the report states. "Without access to the courts, municipalities would have had no viable means to hold the corporations that produce tobacco, opioids, asbestos, lead paint, PFAS chemicals, and fossil fuels accountable for those damages."

The report also outlines options for communities to defend their right to access courts. The authors identify ways that elected officials can recognize preemption legislation before it becomes law, as well as repeal preemption legislation through the courts and state legislatures.

Read the report here.