Escalating climate expenses prompt US localities to seek judicial intervention
In a growing trend of accountability lawsuits, local authorities and residents are taking action against major oil and gas companies, seeking to address corporate responsibility for climate change.
The American Petroleum Institute, an industry group, views these ongoing lawsuits as a distraction and a waste of taxpayer resources. However, local governments argue that it's a matter of fairness, questioning if it is fair for taxpayers to foot the bill for climate change-related damages.
One of the most high-profile cases is the lawsuit filed by Hoboken, New Jersey, in 2020. Mayor Ravi Bhalla stated that big oil companies have spent decades perpetuating a misinformation campaign about climate change, prioritizing profits over people, and knowingly endangering communities. The suit seeks civil damages of $50 million, plus $1.5 billion in future damages, along with an estimated $50 billion to upgrade infrastructure and health care services.
Similarly, Honolulu, Hawaii, has filed a lawsuit claiming oil companies have known about the climate impacts of their products for decades but concealed their dangers, causing problems for local government such as flooding, erosion, and water system concerns.
The Supreme Court has given a tacit green light to these legal efforts, allowing local officials to seek funds for climate change-related losses and needed upgrades from major oil and gas companies. This decision offers an additional avenue for local climate action at a time when federal focus on the issue is quickly changing course.
Notably, major oil and gas companies sued in these lawsuits include Shell, ExxonMobil, BP, Saudi Aramco, Gazprom, and the National Iranian Oil Company. Shell has been notably targeted in court rulings requiring emission reductions, setting a precedent for corporate responsibility regarding climate goals.
In a separate case, Multnomah County, Oregon, is spearheading a lawsuit on behalf of its residents. Roger Worthington, an attorney with Worthington & Caron, is leading the lawsuit, naming oil firms, industry groups, consultancies, and a local gas utility as responsible for a heat event that caused hundreds of deaths and infrastructure damage. The county argues that it has a legal authority and legal duty to protect its people and its property.
While these lawsuits have faced challenges, with cases like the one from Baltimore being tossed by a circuit judge last year, they continue to gain momentum. Mark Miller, a senior attorney with the Pacific Legal Foundation, argues that these lawsuits drive up energy costs for all Americans and are a matter of federal, not local, jurisdiction.
However, Delta Merner, who leads the Science Hub for Climate Litigation at the Union of Concerned Scientists, states that advances in 'attribution' science are a game changer for addressing climate change. This science allows for a clear link to be made between specific actions and their climate impacts, potentially strengthening the case for local governments seeking accountability from oil companies.
As the energy grid crisis looms and the national focus on climate change shifts, these locally led accountability lawsuits could pave the way for a new approach to addressing corporate responsibility for climate change.
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