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"Major fossil fuel companies intentionally misled the public for decades about the impacts of their products, and now Californians are paying the price," according to the office of California state Sen. Scott Wiener.
In California, recently introduced legislation and a new six-figure ad campaign called "Make Polluters Pay" indicate that the drumbeat to hold oil and gas companies directly accountable for their role in fueling climate disasters, like the Los Angeles wildfires, is growing.
State Sen. Scott Wiener (D-11) on Monday introduced legislation that would allow homeowners, businesses, and insurance companies to recoup losses incurred by a climate disaster by seeking damages from fossil fuel companies.
The bill would also permit California's FAIR Plan, the state-created insurer of last resort for fire coverage, to do the same so it doesn’t become insolvent.
"Major fossil fuel companies intentionally misled the public for decades about the impacts of their products, and now Californians are paying the price with devastating wildfires, mudslides, sea level rise, and skyrocketing insurance costs," according to a statement from Wiener's office.
Wiener himself said that "containing these costs is critical to our recovery and to the future of our state. By forcing the fossil fuel companies driving the climate crisis to pay their fair share, we can help stabilize our insurance market and make the victims of climate disasters whole."
Wildfires engulfed the Los Angeles region earlier this month, burning tens of thousands of acres of land and destroying more then 16,000 structures, according to the California Department of Forestry and Fire Protection. Damage estimates indicate the wildfires could be the costliest wildfire disaster in U.S. history.
The fires have also strained insurers, and led to increased rents in the area. Washington Postreporting found that rents in Los Angeles County rose above the legally permitted 10% after the wildfires.
Meanwhile, the communications firm Fossil Free Media launched a six-figure campaign, Make Polluters Pay, on Friday. The campaign is aimed at supporting "the growing demand that Big Oil companies pay their fair share for the Los Angeles wildfires and other climate disasters that are costing taxpayers billions of dollars every year."
The campaign includes ads on Facebook and Instagram, as well as other digital platforms, which will highlight the plight of people like the Howes family, who lost their home to a California wildfire.
According to a statement from Fossil Free Media, over 4,000 people have signed on to a petition sponsored by the organization urging California lawmakers to pass a "climate superfund bill," which would compel polluters to pay into a fund that would help prevent disasters and aid cleanup efforts.
California lawmakers introduced, but did not pass, a bill like this—the Polluters Pay Climate Cost Recovery Act—in the last legislative session. New York and Vermont recently passed similar legislation.
"This fight is about fairness, accountability, and the integrity of our government," said AFGE national president Everett Kelley.
The legal fight over President Donald Trump's "Department of Government Efficiency" kicked off less than hour into his presidency with a flurry of lawsuits filed in federal court—including multiple that allege the body is in violation of the the 1972 Federal Advisory Committee Act.
Trump tapped billionaire and Tesla CEO Elon Musk and tech entrepreneur Vivek Ramaswamy to run the Department of Government Efficiency (DOGE), which was conceived by Trump to help aid with cuts to government spending and regulation. (Ramaswamy, however, is reportedly departing DOGE to launch a bid for Ohio governor).
In a Monday statement announcing one of the lawsuits, Skye Perryman, CEO of Democracy Forward, said that "allowing unelected billionaires to run roughshod over essential services without being transparent about their operations does not achieve the efficiency the American people want to see from their government and only threatens to further undermine the public's trust."
Democracy Forward is serving as co-legal counsel in one of three lawsuits alleging Federal Advisory Committee Act violations. That complaint was filed by a diverse group of plaintiffs, including the advocacy organization the American Public Health Association, the union the American Federation of Teachers, the veterans group the Minority Veterans of America, the progressive veterans group VoteVets Action Fund, the consumer advocacy group the Center for Auto Safety, and the watchdog group Citizens for Responsibility and Ethics in Washington (CREW).
A second was filed by the watchdog group Public Citizen, the watchdog nonprofit State Democracy Defenders Fund, and the federal employees union the American Federation of Government Employees (AFGE). A third was filed by the public interest firm the National Security Counselors.
"This fight is about fairness, accountability, and the integrity of our government," said AFGE national president Everett Kelley in a statement Monday. "Federal employees are not the problem—they are the solution. They deserve to have their voices heard in decisions that affect their work, their agencies, and the public they serve."
Plaintiffs in the first three suits argue that DOGE is operating as a federal advisory committee but not adhering to regulations overseeing those bodies.
Under the 1972 law, federal advisory committees—bodies that advise federal decision-makers on policy, which are also known as FACAs—must do things like furnish meeting minutes and make their meetings open to the public. The groups must also establish a charter and ensure the viewpoints of its members are "fairly balanced."
According to the complaint co-authored by lawyers with Democracy Forward and CREW, the defendants—who include DOGE and the Office of Management and Budget—"have taken no action to comply with FACA, including by making a formal determination that DOGE's creation serves the public interest, nor have they filed a charter identifying the scope of DOGE’s work."
The lawsuit also alleges that "DOGE's membership does not include anyone who brings the perspective of the people and communities that will be most directly affected by the drastic cuts to the federal programs and services that DOGE will recommend."
The complaint co-authored by Public Citizen also makes the same argument regarding balanced viewpoints. Each of the plaintiffs listed in that suit appealed to have representatives from their respective groups join DOGE in order to offer expertise, according to the filing.
"Elon Musk and Vivek Ramaswamy both hold financial interests that will be directly affected by federal budgetary policies—presenting substantial conflict of interest concerns," said Lisa Gilbert, co-president of Public Citizen, in an early January statement regarding her request to join DOGE.
Two of Musk's companies account for at least $15.4 billion in government contracts over the past 10 years, according to New York Timesreporting from October. Ramaswamy's perch atop DOGE could also present conflicts of interest stemming from financial interests he has in multiple companies with exposure to the federal government, the Timesreported before revelations of his plans to leave DOGE.
Also Monday, the conservation organization the Center for Biological Diversity sued to obtain public records showing how "people claiming to represent DOGE" have communicated with the White House since the presidential transition began.
In t complaint, the Center for Biological Diversity argues that they filed an unfilled public records request with the Office of Management and Budget for materials that would "shed valuable light on any directives or communications with OMB regarding DOGE and its objectives, which will shed light on the new administration's intended operations and responses as they take office."
"Whether it's Trump or Elon Musk who's really running the government, we're a nation of laws and the people have a right to know what Musk and his cronies have been up to during the transition," said Kierán Suckling, executive director of the Center for Biological Diversity, in a statement Monday.
"Accountability is an existential threat to their business model, and their business model is an existential threat to all of us, and that’s the bottom line," said Meghan Sahli-Wells, the former mayor of Culver City.
As devastating wildfires continue to burn in the Los Angeles region on Wednesday—placing tens of thousands of Californians under evacuation orders and causing over $250 billion in economic damages by one estimate—a pair of new reports highlight how fossil fuel companies have dodged responsibility for their role in the destruction and hampered the state's ability to fight back by depriving it of funds.
California's fossil fuel industry deployed lobbying muscle to kill legislation that would compel polluters to pay into a fund that would help prevent disasters and aid cleanup efforts, and has taken advantage of a tax loophole to deprives the state of corporate tax revenue, thereby "putting climate and social programs in peril." In the case of the former, California's biggest fossil fuel trade group, the Western States Petroleum Association, recently launched a digital campaign that appears aimed at throwing cold water on any such legislative efforts.
According to The Guardian, the Polluters Pay Climate Cost Recovery Act of 2024 appeared on 76% of the 74 lobby filings submitted in 2024 by the oil company Chevron and the Western States Petroleum Association.
The legislation—which didn't make it out of the state senate in 2024—would, if enacted, create a recovery program forcing fossil fuel polluters to pay their "fair share of the damage caused by the sale of their products" during the period of 2000 to 2020, according to the nonprofit newsroom CalMatters.
According to The Guardian, the filings from those two firms that included this specific bill totaled over $30 million—though lobbying laws do not require a breakdown that would make clear how much was spent specifically on the "polluter pay" law.
With Los Angeles burning, there's renewed interest in passing the bill, The Guardian reports, citing supporters of the legislation. But Western States Petroleum Association isn't sitting idly by. On January 8, the group launched ads that suggest measures like the "polluter pay" bill would force them to increase oil prices. The ads, which appear to have been taken down, do "not specifically mention the polluter pay bill, it echoes the 2024 campaign that did," wrote The Guardian.
"Accountability is an existential threat to their business model, and their business model is an existential threat to all of us, and that’s the bottom line," said Meghan Sahli-Wells, the former mayor of Culver City who currently works for the environmental advocacy group Elected Officials To Protect America, told the paper.
Meanwhile, another report from The Climate Center—a think tank and "do-tank" focused on curbing pollution—has thrust a tax loophole long used by multinational oil and gas companies, into the spotlight.
The report released last week details how "years of litigation and lobbying by oil and gas majors like ExxonMobil, Chevron, and Shell Oil" are responsible for a large corporate tax avoidance policy that is known as the "Water's Edge election" that became law in 1986.
The law allows multinational corporations to "elect" avoid taxes on earnings they designate as beyond the "water's edge" of the borders of states in which they operate, according to The Climate Center.
"Closing the loophole as it applies to the oil and gas industry could put anywhere between $75 to $146 million per year back into the state’s budget," the report states.
For context, California closed a $46 billion budget shortfall last year, including by enacting cuts to climate and clean air programs.
"The water's edge tax loophole allows multinational fossil fuel corporations to dodge paying their fair share of taxes that can help fund vital environmental projects, which could include wildfire preparedness," California Assemblymember Damon Connolly (D-12) told the progressive outlet The Lever, the first outlet to report on the findings.
California lawmakers last year passed a bill that took aim at some aspects of the loophole, but an advocacy group whose board of directors includes representative from the oil and gas industry has filed lawsuit challenging the constitutionality of the reform, according to the The Climate Center.