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Protesters hold a banner reading, "Exxon knew."

Climate activists protest on the first day of the Exxon Mobil trial outside the New York State Supreme Court building on October 22, 2019 in New York City.

(Photo by Angela Weiss / AFP via Getty Images)

Big Oil Fears the Evidence of Its Climate Lies

Fossil fuel companies are desperate to escape trial in climate deception lawsuits. The Supreme Court should not shield them from accountability.

No one knows how the US Supreme Court will rule in Suncor v. Boulder, the case that will kick off the court’s fall term next week and will likely decide whether the city and county of Boulder, Colorado, will be able to put oil giants ExxonMobil and Suncor Energy on trial for deceiving the public for decades about the climate harms of fossil fuels.

But one thing that can be said with certainty is that Big Oil and the fossil fuel industry are absolutely terrified of facing cases like Boulder’s at trial, where state and local governments will be able to present evidence of Big Oil’s decades-long climate deception to a jury. Big Oil’s own lawyers have admitted that the companies face “massive monetary liability” from the dozens of climate deception cases against them, and that stopping communities from having their day in court is a “big priority… for the entire industry.”

That’s because the evidence of Big Oil’s climate lies is overwhelming—and the discovery process in climate deception lawsuits could produce even more damaging proof that companies like Exxon have knowingly fueled climate chaos for decades while concealing the harm, undermining the science, and obstructing every effort to address the problem. As the Supreme Court prepares to hear Exxon’s pleas to escape trial in just one of the dozens of climate deception lawsuits, the Center for Climate Integrity has released a newly updated collection of 101 internal industry documents and other pieces of evidence that the fossil fuel industry is desperate to stop a jury of Americans from seeing.

All Boulder and other communities are asking Big Oil to do is to stop lying and pay for the harm their lies have caused. It speaks volumes about Big Oil companies that they’re going to such lengths to avoid telling the truth and paying to clean up the mess they’ve made.

Climate Fraud 101: Big Oil's Climate Deception Explained in 101 Documents, 1957-2026 shows how fossil fuel companies helped shape the emerging field of climate science beginning in the 1950s. By the late 1970s and early 80s, Exxon scientists were warning of “catastrophic” climate impacts if the world did not shift away from fossil fuels. Over the course of the 1980s, the oil giant and others came to understand that climate change posed two profound existential risks: one to “civilisation” itself, and the second to their business model, because the only way to “avoid the problem” was by “sharply curtailing the use of fossil fuels.”

Big Oil then chose their own interests over humanity’s and launched the most consequential corporate deception campaign in history to “emphasize the uncertainty” in climate science before measurable impacts became detectable and undeniable. By the 1990s, the oil and gas majors responded to increased public awareness of climate change by publicly contradicting what their own scientists had been telling them for decades, casting doubt on well-established climate science and obstructing efforts to mitigate the impacts of global warming. Then, once the problem became undeniable, Big Oil and the fossil fuel industry shifted to lie about the solutions—undermining the urgently needed transition to renewables while claiming they could make dirty fossil fuels more climate friendly through false solutions like natural gas and carbon capture and storage (CCS).

Throughout these decades, the impacts of the climate crisis became worse and worse for communities across the globe, with wildfires, floods, droughts, extreme heat, and other climate damages becoming more deadly and destructive as a result of the industry’s obstruction.

On October 5, Exxon and Suncor will beg the Supreme Court to shield them from having to face the evidence of their wrongdoing in a Colorado court. But the fossil fuel industry’s quest to escape accountability is much larger. They’re desperately lobbying Congress and state legislatures to give them outright immunity from climate lawsuits and place them above the law entirely. They’re attacking climate science and efforts to educate judges through a vast network of fossil-funded front groups. They’re enlisting the Trump administration to sue states that dare bring legal action against oil companies. And they’re flooding right-wing echo chambers with ridiculous fear mongering arguments that it's not our continued reliance on fossil fuels but climate deception lawsuits—which have not even gone to trial yet—that are blame for high gas prices and threats to our national security.

All Boulder and other communities are asking Big Oil to do is to stop lying and pay for the harm their lies have caused. It speaks volumes about Big Oil companies that they’re going to such lengths to avoid telling the truth and paying to clean up the mess they’ve made. Conservative and progressive legal scholars alike have explained why Exxon and Suncor’s arguments to escape Boulder’s lawsuit at this early stage should fail.

The Supreme Court should not shield these companies from having to face the evidence of their wrongdoing. We should all agree that we are still a nation of laws—of, by, and for the people—not a nation beholden to the interests of oil executives.

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