

SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
To donate by check, phone, or other method, see our More Ways to Give page.


Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
"Big Oil’s climate lies are the most consequential and harmful corporate deception campaign in history."
The US Supreme Court on Monday agreed to hear a case that could effectively crush efforts to hold the fossil fuel industry accountable for the climate crisis.
As reported by the New York Times, the court has agreed to hear arguments related to a petition filed by ExxonMobil and Canadian energy firm Suncor related to a 2018 lawsuit by the city of Boulder, Colorado that seeks financial damages from the companies for their role in causing global climate change.
The Times report noted that dozens of similar lawsuits have been filed by states and municipalities over the last decade, and they generally seek money from energy firms to help mitigate or repair damage done by extreme weather exacerbated by the climate crisis.
According to the Associated Press, attorneys for the energy companies are petitioning to have the case moved from state courts to federal courts that have in the past dismissed similar complaints.
“The use of state law to address global climate change represents a serious threat to one of our nation’s most critical sectors,” the attorneys claimed.
The Supreme Court's decision to hear the case comes months after the Colorado Supreme Court ruled that Boulder's lawsuit could initiate the discovery process and move toward a trial.
In an interview with the Colorado Sun, Boulder County Commissioner Ashley Stolzmann said that the city wasn't backing down from its efforts make the fossil fuel industry pay for the damage it's done.
"The oil companies have tried every avenue to delay our climate accountability case or move it to an out-of-state court system,” said Stolzmann. “As everyone continues to face rising costs that put budgets under pressure, we must hold oil companies accountable for the significant harm they’ve caused our communities."
Richard Wiles, president of the Center for Climate Integrity, said that the merits of the Boulder lawsuit are clear, regardless of the Supreme Court's intervention.
"Big Oil’s climate lies are the most consequential and harmful corporate deception campaign in history," Wiles said, "and the communities paying the price for that deception deserve to put these companies on trial. Exxon’s desperation to escape accountability does not change the evidence of their wrongdoing or the law that lower courts agree is on Boulder’s side."
Alyssa Johl, vice president of legal and general counsel at the Center for Climate Integrity, said the Supreme Court should simply affirm lower court rulings stating that "communities like Boulder have the right to seek accountability in their state courts when corporations have knowingly caused local harms."
"With Maine's lawsuit, the demands that Big Oil faces accountability for decades of climate lies are growing louder and more powerful," said Richard Wiles, president of the Center for Climate Integrity.
Maine on Tuesday joined a group of eight other U.S. states that have sued major oil and gas companies for deceiving the public about their products' role in the climate crisis.
Maine Attorney General Aaron Frey's office announced that he has filed a suit in state court against Exxon, Shell, Chevron, BP, Sunoco, and the American Petroleum Institute.
Frey's suit accuses the companies of knowing about the potentially catastrophic consequences of continued dependence on fossil fuels for decades, thanks to companies' internal research, but that the defendants undertook a disinformation campaign to discredit the scientific consensus on climate change, delay a transition to a green energy economy, and sow doubt in the public's mind about the impact of burning fossil fuels.
"The state seeks to hold the defendants accountable for failing to warn Mainers and concealing their knowledge about the devastating consequences of the increasing use of fossil fuels on Maine's people, economy, and environment. This conduct has resulted in enormous financial burdens, public health impacts, property damage, and other harms across Maine as a result of extreme weather, sea-level rise, and warmer temperatures," according to the release from Frey's office.
"For over half a century, these companies chose to fuel profits instead of following their science to prevent what are now likely irreversible, catastrophic climate effects," Frey said in a statement. "In so doing, they burdened the state and our citizens with the consequences of their greed and deception."
Frey's lawsuit asks the court to require the companies pay for both "past and future climate harms caused by the defendants" and ensure that the companies end their "ongoing deception" in the state. The state is demanding a jury trial and numerous forms of relief, including penalties and disgorgement of profits, according to the release.
Frey is the 11th attorney general (including the District of Columbia and Puerto Rico), to take such a legal move. More than 20 states, tribes, cities and counties have so far pursued similar climate deception lawsuits to date, according the Maine attorney general's office. Earlier this fall, California's attorney general filed a lawsuit against ExxonMobil, alleging that the company falsely touted chemical recycling as a solution to the plastics crisis.
A September report from Oil Change International and Zero Carbon Analytics found that the number of climate cases brought against fossil fuel corporations—many of which center on climate damages, misleading advertising about fossil fuels, or failure to reduce emissions in line with legal agreements—has been ticking upward since the 2015 Paris climate accords.
Richard Wiles, president of the Center for Climate Integrity, whose organization helps communities hold fossil fuel companies accountable, applauded the move.
" Big Oil companies have lied for decades about the catastrophic harm they knew their products would cause, and now Maine has joined a growing wave of communities across the U.S. that are demanding accountability," said Wiles. "These polluters continue to fuel the climate crisis and lie about it to protect their profits. It’s only right that Big Oil companies pay their fair share of the damage their deception has caused. With Maine's lawsuit, the demands that Big Oil faces accountability for decades of climate lies are growing louder and more powerful."
"Courts across the country keep rejecting Big Oil's attempts to escape justice for their climate deception," said one advocate.
Advocates celebrated Monday after a Boulder, Colorado judge rejected attempts by ExxonMobil and Suncor Energy subsidiaries to dismiss a landmark lawsuit that seeks damages for the harms the fossil fuel companies have inflicted on the climate and local communities.
The lawsuit, brought in 2018 by the city and county of Boulder, argues that mounting climate costs "should be shared by the Suncor and Exxon defendants because they knowingly and substantially contributed to the climate crisis by producing, promoting, and selling a substantial portion of the fossil fuels that are causing and exacerbating climate change, while concealing and misrepresenting the dangers associated with their intended use."
Colorado Public Radio noted Monday that the lawsuit "cites the 2010 Fourmile Canyon fire and 2013 floods as examples of climate disasters in Boulder County."
"The case was filed before the Marshall fire swept through the area in the winter of 2021, incinerating more than 1,000 homes and causing more than $2 billion in damage in what is now considered the most destructive wildfire in state history," the outlet observed.
The legal challenge seeks relief under a Colorado consumer protection law and other local statutes, accusing the corporations of public and private nuisance, trespass, unjust enrichment, and civil conspiracy.
In an 81-page decision, Boulder County District Court Judge Robert Gunning rejected the Exxon and Suncor subsidiaries' claim that the state court lacked jurisdiction and concluded that "the public nuisance, private nuisance, trespass, conspiracy, and unjust enrichment claims may proceed against ExxonMobil, Suncor Energy, and Suncor Sales."
Ashley Stolzmann, Boulder County's commissioner, said Monday that the decision "reaffirms our stance: We are suffering from the impacts and heavy costs of the climate crisis, right here, right now."
"Today, we take a meaningful step towards accountability and ensuring our voices and hardships are acknowledged," Stolzmann added.
"The people of Boulder are now one crucial step closer to having their day in court to hold Exxon and Suncor accountable for their climate lies and the massive damages they've caused."
Monday's ruling represents the latest blow Exxon and Suncor have suffered during the yearslong legal battle. Last year, the U.S. Supreme Court rejected the companies' attempt to move the case to federal court.
"Since the beginning, defendants have been arguing against a case we did not plead," said Sean Powers, a senior attorney with EarthRights International, which is representing the plaintiffs.
"Plaintiffs are not trying to litigate a solution to the climate crisis, they are seeking redress for harms they have suffered and will continue to suffer," Powers continued. "The only conduct at issue is defendants' own: what they knew, when they knew it, and what they did with that knowledge."
Boulder is among the dozens of local governments that have sued oil and gas companies in recent years, aiming to hold the industry accountable for severely damaging the climate and deceiving the public about the dangers of its extractive business model.
Exxon has known for decades about the link between burning fossil fuels and planetary warming and has worked to cast doubt on the science as it continues to drill in the face of worsening climate extremes across the globe.
"The people of Boulder are now one crucial step closer to having their day in court to hold Exxon and Suncor accountable for their climate lies and the massive damages they've caused," Richard Wiles, president of the Center for Climate Integrity, said Monday. "Courts across the country keep rejecting Big Oil's attempts to escape justice for their climate deception, and sooner or later these companies will have to explain the evidence of their misconduct to a jury."