In the face of mounting scrutiny from local, state, and federal officials, fossil fuel companies and their allies are deploying a range of tactics to obstruct ongoing lawsuits and investigations concerning evidence that the industry has misled the public about the harms it knew its products would cause to the climate, environment, and human health.
Far-right industry allies with ties to Chevron have mounted an “unprecedented” pressure campaign calling on the Supreme Court to stop a potentially historic climate deception lawsuit against oil majors from going to trial. Republican attorneys general are separately urging the Supreme Court to throw out similar climate fraud lawsuits from five states. Plastics industry trade associations are suing the California state attorney general’s office to block an investigation into whether oil companies lied about plastic recycling. And fossil fuel giants and their trade groups have responded to congressional subpoenas with highly redacted records and “baseless” First Amendment legal defenses.
“I think we’re seeing an escalation by the industry to do anything it can to avoid being held accountable for the consequences of climate change,” said Lisa Graves, executive director of investigative watchdog group True North Research and an expert on dark money special interest groups. “It continues to try to thwart efforts to try to mitigate climate change and it continues to try to stop efforts to get any compensation for the harms it has caused, not just through the burning of fossil fuels but also by the delay and deceit that it has promoted through front groups.”
State and local climate lawsuits, which accuse oil and gas majors of lying about the dangers of fossil fuels and seek to hold them accountable for the resulting damages, are advancing in state courts despite the industry’s efforts. Most recently, a Colorado judge denied nearly all motions by ExxonMobil and Suncor Energy to dismiss the City and County of Boulder’s case against them.
It’s the fifth time to date that a court has rejected Big Oil’s efforts to dismiss climate accountability lawsuits — bringing the companies closer to facing trial and potentially billions of dollars in liability. If any of the cases go to trial, said Michael Gerrard, director of the Sabin Center for Climate Change Law at Columbia University, “it will shine a very harsh light on the fossil fuel companies and it could lead to crushing monetary judgments.”
“Clearly the defendants here are using everything they can think of to derail these cases,” Gerrard said. That attitude has been most evident in Big Oil’s response to a lawsuit from Honolulu, which could be among the first communities to put the companies on trial.
In February, oil company defendants — including Exxon, Chevron, BP, and Shell — petitioned the U.S. Supreme Court to review a Hawai‘i state Supreme Court ruling that allowed Honolulu’s case to move toward trial. The case, the companies argued in their petition, is preempted by federal law and should be dismissed.
But after traditional legal arguments have failed to shield the........