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Chicago Joins 'Historic Wave of Lawsuits' Against Big Oil
The city alleges the industry "funded, conceived, planned, and carried out a sustained and widespread campaign of denial and disinformation about the existence of climate change and their products' contribution to it."
Feb 20, 2024
Chicago on Tuesday joined the growing list of U.S. cities and states suing Big Oil for lying to the public about how burning fossil fuels causes and exacerbates the climate emergency.
The administration of Chicago Mayor Brandon Johnson, a progressive Democrat, filed a lawsuit in Cook County Circuit Court against ExxonMobil, Chevron, BP, Shell, ConocoPhillips, Phillips 66, and the industry lobby American Petroleum Institute, which "funded, conceived, planned, and carried out a sustained and widespread campaign of denial and disinformation about the existence of climate change and their products' contribution to it."
"The climate change impacts that Chicago has faced and will continue to face—including more frequent and intense storms, flooding, droughts, extreme heat events, and shoreline erosion—are felt throughout every part of the city and disproportionately in low-income communities," the suit contends.
In a statement, Johnson said that "there is no justice without accountability."
"From the unprecedented poor air quality that we experienced last summer to the basement floodings that our residents on the West Side experienced, the consequences of this crisis are severe, as are the costs of surviving them," he added. "That is why we are seeking to hold these defendants accountable."
Climate campaigners welcomed the lawsuit.
"Big Oil has lied to the American people for decades about the catastrophic climate risks of their products, and now Chicago and communities across the country are rightfully insisting they pay for the damage they've caused," Center for Climate Integrity president Richard Wiles said in a statement.
"With Chicago, the nation's third largest city, joining the fray, there is no doubt that we are witnessing a historic wave of lawsuits that could finally hold Big Oil accountable for the climate crisis they knowingly caused," he added.
Chicago joins eight U.S. states plus the District of Columbia and numerous municipalities across the country that have sued to hold Big Oil accountable for deceiving the public about its role in the climate emergency.
"To date, eight federal appeals courts and dozens of federal district courts have unanimously ruled against the fossil fuel industry's arguments to prevent these lawsuits from moving forward in state courts," noted the Center for Climate Integrity. "In 2023, the U.S. Justice Department added its support for the communities. The U.S. Supreme Court has denied Big Oil petitions to consider the industry's appeals of those lower court rulings three separate times, most recently in January."
Angela Tovar, Chicago's chief sustainability officer, told the Chicago Sun-Times that "the fossil fuel industry should be able to pay for the damage they've caused."
"We have to see accountability for the climate crisis," she added.
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'A Watershed Moment': California Sues Big Oil Over Decades of Climate Destruction
"California's move is an unmistakable sign that the wave of climate lawsuits against Big Oil will keep growing and that these polluters' days of escaping accountability for their lies are numbered."
Sep 16, 2023
The state of California on Friday filed suit against ExxonMobil, Shell, BP, ConocoPhillips, and Chevron, accusing the five oil and gas giants of a decadeslong campaign to mislead the public about the threat fossil fuels pose to the climate.
The lawsuit makes California the largest economy on the planet to take legal action against fossil fuel companies over their efforts to deceive the world about their destructive—and immensely profitable—business model. California is also a major producer of oil and gas.
"This has been a multi-decade, ongoing campaign to seek endless profits at the expense of our planet, our people, and the greedy corporations and individuals need to be held accountable," California Attorney General Rob Bonta toldThe New York Times in an interview on Friday. "That's where we come in."
With its new civil lawsuit, filed in a San Francisco court, California joins Rhode Island, Minnesota, Connecticut, Massachusetts, Vermont, and other states that have sued the fossil fuel industry over its role in massive climate damages. Dozens of municipalities, including several in California, have also filed lawsuits against oil giants.
According to the National Oceanic and Atmospheric Administration, the U.S. has experienced a record-breaking 23 billion-dollar extreme weather disasters this year, from deadly flooding in California to the catastrophic wildfire that killed nearly 100 people in Maui, Hawaii—which is also suing Big Oil.
Cities and states representing 25% of the U.S. population are currently taking part in some kind of climate-related legal action against the fossil fuel industry, according to Fossil Free Media, and the Biden Justice Department is facing growing pressure to join the fight.
In an effort to improve their chances of winning the mounting legal battles, fossil fuel giants have tried to move climate liability lawsuits from state to federal court—but the U.S. Supreme Court declined to hear their appeals earlier this year.
"Just like tobacco and opioid companies, the oil and gas industry will have to face the evidence of its deception in court."
Richard Wiles, the president of the Center for Climate Integrity, said in a statement Saturday that "California's decision to take Big Oil companies to court is a watershed moment in the rapidly expanding legal fight to hold major polluters accountable for decades of climate lies."
"Whether it's fires, droughts, extreme heat, or sea-level rise, Californians have been living in a climate emergency caused by the fossil fuel industry, and now the state is taking decisive action to make those polluters pay," said Wiles. "As similar cases proceed toward trial, California's move is an unmistakable sign that the wave of climate lawsuits against Big Oil will keep growing and that these polluters' days of escaping accountability for their lies are numbered. Just like tobacco and opioid companies, the oil and gas industry will have to face the evidence of its deception in court."
California's lawsuit, which also names the American Petroleum Institute as a defendant, comes days after The Wall Street Journalpublished a front-page story based on previously unreported documents that detail Exxon's behind-closed-doors effort to cast doubt on climate science after 2006, when the company publicly acknowledged the link between fossil fuels and climate change for the first time.
Exxon and other oil companies have been aware of the connection since the 1970s.
"For more than 50 years, Big Oil has been lying to us—covering up the fact that they've long known how dangerous the fossil fuels they produce are for our planet," California Gov. Gavin Newsom said in a statement. "It has been decades of damage and deception."
"Wildfires wiping out entire communities, toxic smoke clogging our air, deadly heatwaves, record-breaking droughts parching our wells," Newsom continued. "California taxpayers shouldn't have to foot the bill. California is taking action to hold big polluters accountable."
The Times noted Friday that California's lawsuit aims to establish "a fund that would be used to pay for recovery from extreme weather events and mitigation and adaptation efforts across the state."
"The lawsuit claims that California has already spent tens of billions of dollars paying for climate disasters, and expects costs to rise significantly in the years ahead," the Times added.
Jamie Henn, the director of Fossil Free Media, said Saturday that with its lawsuit, "California just kicked open the door for every city and state in America to sue the fossil fuel industry for climate damages."
"After this summer of brutal heat waves and climate disasters, I think the public is hungry for a way to hold the fossil fuel industry accountable for the damage they've done," said Henn. "Big Oil knew, they lied, and now it's time to make them pay."
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In Another Blow to Big Oil, US Supreme Court Rejects Effort to Kill Climate Suits
"The Supreme Court's decision brings the people of Delaware and Hoboken one step closer to putting these polluters on trial and making them pay for their climate deception."
May 15, 2023
On the heels of similar decisions last month, the U.S. Supreme Court on Monday delivered "another win for climate accountability," rejecting fossil fuel corporations' attempt to quash lawsuits filed by the city of Hoboken, New Jersey, and the state of Delaware.
Both filed in September 2020, the suits from Hoboken and Delaware—like those filed by dozens of other municipalities and states—take aim at companies including BP, Chevron, ConocoPhillips, ExxonMobil, and Shell for fueling the climate emergency. The fossil fuel industry has repeatedly tried to evade accountability by shifting such cases from state to federal court.
"We appreciate and agree with the court's order denying the fossil fuel companies' petition, which aligns with dozens of decisions in federal courts here in Delaware and across the country," said Democratic Delaware Attorney General Kathy Jennings in response to Monday's decision.
The Supreme Court's decision means that both of these cases will now move forward in state court.
Jennings on Monday cited an opinion piece she wrote for Delaware Online with Shawn Garvin, secretary of the Delaware Department of Natural Resources and Environmental Control, back when they launched the legal effort in 2020:
As we stated at the time of filing this case almost three years ago: "It didn't have to be this way. The fossil fuel industry knew for decades that their products would lead to climate change with potentially 'severe' and even 'catastrophic' consequences—their words, not ours. But they didn't clean up their practices or warn anyone to minimize the peril they were creating. Instead, they spent decades deliberately and systematically deceiving the nation about what they knew would happen if they carried on with business as usual."
Building on revelations from the past decade that have bolstered climate liability lawsuits, peer-reviewed research published in January shows that ExxonMobil accurately predicted global heating decades ago, while documents released in early April make clear that Shell knew about the impact of fossil fuels even earlier than previously thought.
"Imagine how far along we might be in the transition to a low-carbon economy today if not for their deception," Jennings said. "That's why we filed our lawsuit, and today's order moves Delawareans one step closer to the justice and economic relief that we deserve."
For Hoboken and Delaware, the high court denied fossil fuel companies' challenge to decision last year from a panel at the U.S. Court of Appeals for the 3rd Circuit, which wrote in part that "our federal system trusts state courts to hear most cases—even big, important ones that raise federal defenses. Plaintiffs choose which claims to file, in which court, and under which law. Defendants may prefer federal court, but they may not remove their cases to federal court unless federal laws let them. Here, they do not."
Center for Climate Integrity president Richard Wiles noted Monday that "Big Oil companies keep fighting to avoid trials in state courts, where they will be forced to defend their record of climate lies and destruction in front of juries, but federal courts at every level keep rejecting their efforts."
"The Supreme Court's decision brings the people of Delaware and Hoboken one step closer to putting these polluters on trial and making them pay for their climate deception," Wiles added. "Fossil fuel companies must be held accountable for the damages they knowingly caused."
After the high court's April decisions—which involved cases brought by the state of Rhode Island as well as municipalities across California, Colorado, Hawaii, and Maryland—Jamie Henn of Fossil Free Media said, "This should open the floodgates for more lawsuits that could make polluters pay!"
There were no noted dissensions on Monday. However, like last month, Justice Samuel Alito, who owns stock in some fossil fuel companies, did not participate in the decision about these two cases—but Justice Amy Coney Barrett, whose father spent nearly three decades as an attorney for Shell, did.
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