June, 22 2023, 05:13pm EDT
For Immediate Release
Contact:
Sanjali De Silva, sdesilva@ucsusa.org, 303-396-7325
Science Group Applauds New Climate Accountability Lawsuit by Oregon's Most Populous County
The County of Multnomah—encompassing Portland and parts of Vancouver metro areas—today filed a new lawsuit aiming to hold Big Oil accountable for public nuisance and damages related to the climate change crisis, as well as consumer fraud and deception.
County Commissioners, led by County Chair Jessica Vega Pederson, passed the resolution Thursday afternoon to sue oil and gas companies, energy companies, industry trade associations, and a consulting firm on behalf of their constituents, the residents of Multnomah County. The County is seeking remedies for damages related to the 2021 heat dome event, that has been directly linked to climate change through a growing body of attribution science.
The entities named in the suit include Chevron, ExxonMobil, ConocoPhillips, the American Petroleum Institute (API), Peabody Energy, and Koch Industries. The case is also the first time the consulting firm McKinsey and Company and the trade association Western States Petroleum Association have been named as defendants.
Oregon is facing increased costs from climate related impacts including worsened air quality, increased heat related deaths and increased risk of wildfires. In a recent report, the Union of Concerned Scientists (UCS) found that the world’s 88 largest fossil fuel companies—including ExxonMobil, BP, Chevron, and Shell—and cement manufacturers are responsible for over a third of area burned by wildfires across Western North America in the last 40 years. The historic heat dome named in the complaint also led to at least 69 heat deaths in the Portland area and record‑setting maximum temperatures of 116 degrees. The county estimates that costs from human-caused climate change will soon reach $27 billion annually in Oregon.
With today’s announcement, Multnomah County joins more than 40 cities, counties, and states across the U.S. and its territories that are suing major fossil fuel companies over devastating climate impacts and deliberate campaigns to spread disinformation about climate science and the harmful effects of their products.
Below is a statement by Delta Merner, lead scientist at the Science Hub for Climate Litigation at UCS:
“Multnomah County residents are on the frontlines of devastating climate change impacts. Extreme heat and wildfires are taking a massive toll on the health, well-being, and livelihoods of community members and leaving scars that will last for generations. A growing body of attribution science is paving the way for real accountability, showing over and over that the fossil fuel industry bears a great deal of responsibility for the damage done. As the first constitutional climate lawsuit trial draws to a close in Montana, plaintiffs, advocates, and scientists are hopeful that our justice system will work effectively, informed by robust scientific evidence.
“Across the country and the world, climate litigation is helping communities resist the fossil fuel industry’s attempts to further extend a dangerous, unjust and destructive fossil fuel-dependent energy system and economy. While nothing can truly compensate for the lives lost, the homes destroyed, or the irreplaceable natural landscapes forever altered, legal avenues provide a glimmer of hope for justice. Climate litigation is a necessary mechanism to hold these corporations accountable for their callous disregard for the well-being of communities and the planet.”
Additional Resources and Analyses:
- A UCS report, “The Climate Deception Dossiers: Internal Fossil Fuel Industry Memos Reveal Decades of Corporate Disinformation.”
- A UCS report, “The Fossil Fuels Behind Forest Fires: Quantifying the Contribution of Major Carbon Producers to Increasing Wildfire Risk” and an Oregon-specific factsheet.
- A UCS report, “Killer Heat in the United States: Climate Choices and the Future of Dangerously Hot Days.”
- A UCS podcast with Dr. Kristy Dahl, principal climate scientist at UCS, “Off the Charts Heat: Zombie Fires, Drought, and Heat Domes.”
- A UCS blogpost by Dr. Merner, lead scientist at the Science Hub for Climate Litigation, “Three Predictions for Climate Litigation in 2023.”
- A UCS blogpost by Dr. Merner, “From Research to Action: The Growing Impact of Attribution Science.”
- A UCS blogpost by Dr. Merner, “US States and Communities are Suing the Fossil Fuel Industry: Six Things You Need to Know.”
- A UCS blogpost by Kathy Mulvey, accountability campaign director at UCS, “An A to Z of Fossil Fuel Industry Deception.”
- A UCS blogpost by Dr. Dahl, “In a Changing Climate, What Does a ‘Normal’ Year of Wildfires Look Like?”
- A UCS blogpost by Mark Specht, “Both Utilities and Fossil Fuel Companies Are to Blame for Western Wildfires”
- A UCS blogpost by Dr. Juliet Christian-Smith, “Western Wildfires are Burning Through Local and State Budgets”
The Union of Concerned Scientists is the leading science-based nonprofit working for a healthy environment and a safer world. UCS combines independent scientific research and citizen action to develop innovative, practical solutions and to secure responsible changes in government policy, corporate practices, and consumer choices.
LATEST NEWS
Sanders Praises FTC Challenge of 'Junk' Patents for Drugs Including Ozempic
"We can no longer tolerate Novo Nordisk charging the American people $969 for Ozempic when that same exact drug can be purchased for just $155 in Canada and $59 in Germany while it costs less than $5 to manufacture."
Apr 30, 2024
U.S. Sen. Bernie Sanders on Tuesday lauded the Biden administration for expanding its "campaign against pharmaceutical manufacturers' improper or inaccurate listing of patents" for a wide range of drugs including Novo Nordisk's Ozempic.
"Let me commend the Federal Trade Commission, under the leadership of Chair Lina Khan, for taking bold action today against the bogus patents Novo Nordisk has filed to prevent Americans struggling with diabetes from receiving a generic version of Ozempic at a much lower price," Sanders (I-Vt.) said in a statement.
Sanders—who leads the Senate Health, Education, Labor, and Pensions (HELP) Committee—stressed that "Novo Nordisk must not be allowed to make billions in profits by delaying generic competition for Ozempic by unlawfully filing junk patents that have nothing to do with the drug itself, but the injection pen."
"Last week, the HELP Committee, that I chair, launched an investigation into the outrageously high prices Novo Nordisk is charging for Ozempic and Wegovy in the United States," he noted. The former name is used when the patient is taking the medication for Type 2 diabetes and the latter is used when it is prescribed to treat obesity in adults with at least one weight-related comorbidity.
"In my view, we can no longer tolerate Novo Nordisk charging the American people $969 for Ozempic when that same exact drug can be purchased for just $155 in Canada and $59 in Germany while it costs less than $5 to manufacture," said the senator. "I look forward to working with the Biden administration to take on the greed of Novo Nordisk and substantially reduce the price of Ozempic and other prescription drugs."
After disputing more than 100 patents in the Food and Drug Administration's (FDA) Orange Book in November, the FTC on Tuesday sent warning letters to 10 companies and notified the agency that it challenges the accuracy or relevance of over 300 listing across 20 different brand name products.
In addition to Denmark-based Novo Nordisk, the FTC sent letters to Amphastar Pharmaceuticals, AstraZeneca, Boehringer Ingelheim, Covis Pharma, Glaxo-Smith Kline, Novartis Pharmaceuticals, Teva Pharmaceutical Industries, and some subsidiaries for asthma, chronic obstructive pulmonary disease (COPD), diabetes, and weight loss drugs.
"By filing bogus patent listings, pharma companies block competition and inflate the cost of prescription drugs, forcing Americans to pay sky-high prices for medicines they rely on," said Khan. "By challenging junk patent filings, the FTC is fighting these illegal tactics and making sure that Americans can get timely access to innovative and affordable versions of the medicines they need."
Sanders was not alone in praising the commission and its leader—an appointee of President Joe Biden—for the ongoing efforts to battle Big Pharma's greed.
Public Citizen's Access to Medicines program advocate, Steve Knievel, said that "it's becoming harder for drug corporations to use patent shenanigans to thwart competition, thanks to the FTC and Chair Lina Khan."
"Improperly listing patents in the FDA Orange Book stymies generic competition, which is proven to dramatically lower prescription drug prices, saving patients and the public billions of dollars," he said, echoing Khan. "Today's letter is yet another demonstration from the Biden-Harris administration that Big Pharma business-as-usual monopoly abuses and price gouging will not be tolerated."
"The FDA should supplement FTC's action by clarifying guidelines for patents that can be listed in the Orange Book," he continued, noting that such action has been proposed by Sen. Elizabeth Warren (D-Mass.) and Rep. Pramila Jayapal (D-Wash.). "The government should also explore using licensing authorities to overcome pharmaceutical monopoly abuses, leaving no option off the table."
Keep ReadingShow Less
As Biden Plans to Reschedule Marijuana, Advocates Say 'Fully Legalize' It
Sen. Cory Booker urged fellow lawmakers to "follow the lead of states around the country and legalize cannabis for adult use and create a comprehensive taxation and regulatory scheme."
Apr 30, 2024
U.S. marijuana legalization advocates greeted Tuesday's news that the Drug Enforcement Administration is proposing rescheduling cannabis to a less restrictive class by calling on President Joe Biden to fully deschedule the plant, which is approved for recreational or medicinal use in the vast majority of states.
The Associated Pressreported the DEA is proposing rescheduling marijuana from Schedule I—which includes heroin, MDMA, and LSD—to Schedule III, a far less restrictive class that includes ketamine, anabolic steroids, testosterone, and over-the-counter products containing less than 90 milligrams of codeine per dose. According to the DEA, Schedule I drugs have "no currently accepted medical use and a high potential for abuse."
While it would not legalize cannabis for recreational use, the DEA proposal—which is subject to review by the White House Office of Management and Budget—would affirm medicinal marijuana and recognize that the plant has a lower potential for abuse than other widely used recreational drugs.
The Drug Policy Alliance (DPA)—which works to end the failed 53-year War on Drugs—warned that "under this proposed shift, marijuana criminalization would continue at the federal level and most penalties, including those for simple possession, would continue as long as marijuana remains anywhere on the Controlled Substances Act (CSA)."
While running for president in 2020, Biden repeatedly vowed to decriminalize marijuana and expunge the criminal records of people convicted of cannabis possession. In 2022 the president issued a "full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents" convicted of simple federal marijuana possession—a move that affected thousands of people but excluded those who are in the United States without authorization.
The following year, Health and Human Services (HHS) Secretary Xavier Becerra confirmed that his department would recommend rescheduling cannabis to Schedule III.
Sen. Cory Booker (D-N.J.) on Tuesday urged Congress to "follow the lead of states around the country and legalize cannabis for adult use and create a comprehensive taxation and regulatory scheme."
"Thousands of people remain in prisons around the country for marijuana-related crimes. Thousands of people continue to bear the devastating collateral consequences that come with a criminal record," the senator continued. "Legal marijuana businesses, especially those in communities hardest hit by the War on Drugs, still have to navigate a convoluted patchwork of state laws and regulatory schemes."
"I hope that my colleagues on both sides of the aisle, especially those who represent constituents benefiting from medical or adult-use programs, join me to pass federal legislation to fix these problems," Booker added.
Senate Majority Leader Chuck Schumer (D-N.Y.) said that "it is great news that DEA is finally recognizing that restrictive and draconian cannabis laws need to change to catch up to what science and the majority of Americans have said loud and clear."
"While this rescheduling announcement is a historic step forward, I remain strongly committed to continuing to work on legislation like the SAFER Banking Act as well as the Cannabis Administration and Opportunity Act, which federally deschedules cannabis by removing it from the Controlled Substances Act," he added.
Booker and Schumer were among the 21 senators who last week sent a letter to U.S. Attorney General Merrick Garland and DEA Administrator Anne Milgram noting that it's been 18 months since Biden ordered HHS October to review cannabis scheduling and eight months since the agency's rescheduling recommendation.
"While we understand that the DEA may be navigating internal disagreement on this matter, it is critical that the agency swiftly correct marijuana's misguided placement in Schedule I," the letter states.
Legalization advocates, meanwhile, pushed the Biden administration to go much further, as 24 states plus the District of Columbia have approved adult-use recreational marijuana and 38 states have legalized medicinal cannabis.
"Supporting federal marijuana decriminalization means supporting the removal of marijuana from the Controlled Substances Act, not changing its scheduling," DPA director of drug markets and legal regulation Cat Packer said in a statement. "We all deserve a federal framework for marijuana that upholds the health, well-being, and safety of our communities—particularly Black communities who have borne the brunt of our country's racist enforcement of marijuana laws."
"Rescheduling marijuana is not a policy solution for federal marijuana criminalization or its harms, and it won't address the disproportionate impact that it has had on Black and Brown communities," Packer added.
Dasheeda Dawson, chair of the Cannabis Regulators of Color Coalition and founder of Cannabis NYC, said: "The time for descheduling cannabis is not just a matter of policy; it's an imperative for justice and equity. Rescheduling would undermine the hard-fought progress made by cannabis equity and policy reform leaders like the Cannabis Regulators of Color Coalition, jeopardizing the livelihoods and futures of those entrepreneurs and communities disproportionately affected by past criminalization."
"We cannot afford to backtrack on our commitment to repair the harm inflicted by outdated policies," Dawson added. "Descheduling is not just about legality; it's about rectifying historic injustices and ensuring a fair and inclusive future for all."
Keep ReadingShow Less
G7 2035 Coal Phaseout Pledge Called 'Too Little, Too Late' to Match Climate Emergency
"If they are serious and aligned with what the science says is needed to keep 1.5°C within reach, G7 countries must ditch this dinosaur, planet-wrecking fuel no later than 2030," one advocate said.
Apr 30, 2024
The Group of Seven Climate, Energy, and Environment Ministerial concluded a meeting in Turin, Italy, on Tuesday with a commitment to phase out "unabated" coal use by 2035.
While the agreement is "unprecedented" for the U.S. and Japan, which had not previously set an expiration date on their burning of the dirtiest fossil fuel, it still does not align with the Paris agreement goal of limiting global heating to 1.5°C.
"The commitment to phase out coal is simply too little, too late. If they are serious and aligned with what the science says is needed to keep 1.5°C within reach, G7 countries must ditch this dinosaur, planet-wrecking fuel no later than 2030," Greenpeace International global climate politics expert Tracy Carty said in a statement. "And the climate emergency demands they just don't stop at coal. Fossil fuels are destroying people and planet and a commitment to rapidly phase out all fossil fuels—coal, oil, and gas—is urgently needed."
"This is not the goal for coal we need, and it will not deliver climate justice."
In their Climate, Energy, and Environment Ministers' Meeting Communiqué, the countries agreed to "phase out existing unabated coal power generation in our energy systems during the first half of 2030s or in a timeline consistent with keeping a limit of 1.5°C temperature rise within reach, in line with countries' net-zero pathways."
The agreement comes days after the U.S. Environmental Protection Agency finalized a rule mandating that all coal plants that plan to operate after 2039 must slash their climate-heating emissions by 90% by that date. Like the "unabated" language in the G7 communiqué, the EPA plan leaves open the possibility that coal plants could continue to run if they can effectively eliminate their carbon dioxide pollution with carbon capture and storage. However, this is an unproven technology that has not succeeded at scale; for example, Oil and Gas Watch News reported last Thursday that a taxpayer-funded CCS project at an ethanol plant in Illinois had only captured up to 10-12% of CO2 emissions each year for the past decade.
"It is past time that the U.S. made concrete commitments to phase out coal power," Jeff Ordower, the director of 350.org North America director, said in a statement. He added that while 350.org welcomed "this and all steps toward phasing out fossil fuels, such as the Environmental Protection Agency's recent announcement to further limit coal-fired power plants' CO2 emissions, we must not lose sight of what is really at stake."
Further, Ordower said that the U.S.' plans "must not rely on unproven technologies like carbon capture, or dangerous, expensive, and unequal ones like nuclear just so they can continue business as usual."
Similarly, 350.org Japan campaigner Masayoshi Iyoda said, "Japan agreeing to a specific deadline to phase out domestic coal power generation is momentous and long overdue."
"As an historic outlier among G7 countries on making coal phaseout commitments, and with the highest share of power generated from coal among its G7 peers, this is a step forward. However, 2035 is too late to meet the 1.5°Ctarget set in the Paris agreement," Iyoda continued.
"This was the first opportunity for the G7 to show they were taking the COP28 agreement seriously. They have failed."
Amnesty International also criticized the timeline of the deal.
"This is not the goal for coal we need, and it will not deliver climate justice," Candy Ofime, Amnesty International's climate justice researcher, said in a statement. "Commitments put forward by G7 members—which have burnt coal for power for more than a century—to stop using this pollutant by 2035 are simply too late and weakened by unacceptable caveats."
Ofime pointed out that the deal appeared to make no mention of phasing out coal in steel production, despite the fact that the process burns up around 30% of total coal use. She also argued that the language around "unabated" coal use was "misleading."
"Abatement relies on the use of carbon capture and storage, and other technologies such as ammonia and hydrogen co-firing with coal, which are unproven at scale and can come with other risks," Ofime sad. "Coal pollution cannot be adequately abated, and harms health and the climate whenever it is used."
Campaigners also criticized the G7 countries for focusing their timeline on coal and not oil and gas, especially since all nations agreed to work toward "transitioning away from fossil fuels in energy systems, in a just, orderly, and equitable manner" at last year's COP28 United Nations climate talks in Dubai.
"This was the first opportunity for the G7 to show they were taking the COP28 agreement seriously. They have failed," said Romain Ioualalen, Oil Change International's global policy campaign manager.
Oil Change pointed out that G7 countries are responsible for nearly half of all CO2 emissions from new oil and gas production, as well as 27% of production overall. At the same time, they subsidized fossil fuels to the tune of $25.7 billion a year between 2020 and 2022, compared to only $10.3 billion for renewables. While the countries did reaffirm a pledge to end "inefficient" fossil fuel subsidies by 2025 or earlier, they did not offer any more details on the timeline.
"While the G7 focuses on coal, it conveniently omits to stress that limiting warming to 1.5°C means they also need to end fossil fuel expansion at home, going fastest in phasing out existing production," Ioualalen said. "They must end the billions of dollars in taxpayer finance still flowing to fossil fuel projects abroad and fund the buildout of affordable renewable energy on fair terms. If their oil and gas expansion plans are allowed to proceed, it would lock in climate chaos and an unlivable future."
The ministers also reaffirmed the importance of natural gas deliveries to Europe to help it replace Russian gas in the wake of Russia's ongoing war on Ukraine. However, European officials have said that they will have enough gas supplies to last through the next decade despite a Biden administration pause on new liquefied natural gas (LNG) export approvals.
"Faced with climate catastrophe, the G7's persistent endorsement of fossil gas is alarming," Carty of Greenpeace said. "Gas is not needed, not cheap, and is certainly not a 'bridge fuel' to a safe climate. The biggest fossil fuel threat today by wealthy nations is coming from the rapidly expanding LNG industry. An urgent shift is needed towards less, not more, gas—and massively expanded renewables."
Keep ReadingShow Less
Most Popular