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center for climate integrity
US Supreme Court Rejects Big Oil Attacks on Hawaii Climate Lawsuit
"With this latest denial, the fossil fuel industry's worst nightmare—having to face the overwhelming evidence of their decades of calculated climate deception—is closer than ever to becoming a reality," said one advocate.
Jan 13, 2025
Climate campaigners and scientists on Monday welcomed the U.S. Supreme Court's decision to reject attempts by fossil fuel giants to quash the Hawaii capital's lawsuit aiming to hold the major polluters accountable for the devastating impacts of their products.
"This is a significant day for the people of Honolulu and the rule of law," Ben Sullivan, executive director and chief resilience officer at the City and County of Honolulu's Office of Climate Change, Sustainability, and Resiliency, said in a statement.
"This landmark decision upholds our right to enforce Hawaii laws in Hawaii courts, ensuring the protection of Hawaii taxpayers and communities from the immense costs and consequences of the climate crisis caused by the defendants misconduct," he added.
Honolulu first sued companies including BP, Chevron, ConocoPhillips, ExxonMobil, Shell, and Sunoco in March 2020. The companies have fought to shut down the case—like dozens of other climate liability lawsuits that states and municipalities have filed against Big Oil at the state level.
Shell and Sunoco led a pair of appeals to the Supreme Court, arguing that Honolulu's suit was "a blueprint for chaos" because it could inform other legal actions against fossil fuel companies and such cases "could threaten the energy industry." Similar to three previous decisions, the justices declined to intervene.
Center for Climate Integrity president Richard Wiles connected Monday's victory to the other cases, saying in a statement that "Big Oil companies keep fighting a losing battle to avoid standing trial for their climate lies."
"With this latest denial, the fossil fuel industry's worst nightmare—having to face the overwhelming evidence of their decades of calculated climate deception—is closer than ever to becoming a reality," Wiles continued. "Communities everywhere are paying dearly for the massive damages caused by Big Oil's decadeslong climate deception. The people of Honolulu and communities across the country deserve their day in court to hold these companies accountable."
Delta Merner, lead scientist for the Union of Concerned Scientists' Science Hub for Climate Litigation, similarly celebrated the decision, which she called "a resounding affirmation of Honolulu's right to seek justice under state law for the mounting climate impacts caused by fossil fuel companies' deceptive practices."
"For more than 50 years, fossil fuel companies have conducted sophisticated disinformation campaigns to obscure their own research showing that burning fossil fuels would drive climate change," Merner highlighted. "This case lays bare how these actions have contributed to rising seas, intensified storms, and coastal erosion that are devastating Honolulu's people, infrastructure, and natural resources."
"Scientific evidence is unequivocal: The human-caused emissions from fossil fuels are the primary driver of climate change," she stressed. "Honolulu's case stands as an example of how communities are using both science and the law to challenge corporate misconduct and demand accountability for climate damages."
Merner added that "the people of Honolulu are demonstrating remarkable leadership in standing up to powerful fossil fuel companies whose disinformation campaigns have directly contributed to the climate harms they now face. Their efforts serve as a powerful example for communities around the world. This decision is one step in a larger effort to seek accountability and justice."
The Supreme Court's latest blow to the oil and gas industry came just a week before the second inauguration of President-elect Donald Trump, who courted Big Oil executives on the campaign trail and pledged to "drill, baby, drill" if he won the November election.
The high court—which has a right-wing supermajority that includes three Trump appointees—had asked the Biden administration to weigh in. Last month, U.S. Solicitor General Elizabeth Prelogar
urged the justices not to intervene. Merner said at the time that her briefs "represent an important step in the pursuit of climate accountability."
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In Supreme Court Briefs, Biden DOJ Sides With Communities Suing Big Oil
"The Justice Department has affirmed again that communities deserve their day in court to put Big Oil companies on trial for their climate lies and the resulting harms."
Dec 11, 2024
Campaigners and experts on Wednesday welcomed the Biden administration's new briefs urging the U.S. Supreme Court not to intervene in state and local lawsuits that aim to hold fossil fuel giants accountable for lying to the public about their contributions to the climate emergency.
The Tuesday filings in Sunoco v. the City and County of Honolulu and Alabama v. California align with U.S. Solicitor General Elizabeth Prelogar's amicus brief last year, which stemmed from Colorado communities suing Big Oil. Following that filing, the justices declined to hear five appeals from fossil fuel companies trying to shift climate liability cases from state to federal court.
The U.S. Supreme Court—which has a right-wing supermajority—asked Prelogar to weigh in again this past June and October. Her new filings have climate advocates hopeful that the justices will follow their previous path and let the cases against major polluters advance in state court.
"The Justice Department has affirmed again that communities deserve their day in court to put Big Oil companies on trial for their climate lies and the resulting harms," said Richard Wiles, president of the Center for Climate Integrity (CCI), in a statement. "Big Oil companies are desperate to avoid facing the evidence of their deception in a courtroom, but wanting to escape the consequences for your actions is not the same thing as having the law on your side."
"As the solicitor general makes clear, there is no legal basis for the Supreme Court to intervene in these cases."
In Honolulu's case—intended to make companies including BP, Chevron, ExxonMobil, and Shell pay for local climate damages—the Hawaii Supreme Court rejected the fossil fuel industry's argument that "state law claims alleging the deceptive marketing of fossil fuel products were either governed by the federal common law of transboundary air pollution or preempted by the Clean Air Act."
Prelogar made the case that the country's highest tribunal "does not have jurisdiction to review the Hawaii Supreme Court's interlocutory decision" that allowed Honolulu's suit to proceed, "and even if it did, further review at this time would be unwarranted."
For the other case—which involves 19 state attorneys general trying to stop climate deception suits in California, Connecticut, Minnesota, New Jersey, and Rhode Island—Prelogar wrote that "there is no merit to the contention that the federal common law of transboundary air pollution governs (and therefore precludes) the defendant states' claims."
The solicitor general also argued that the attorneys general working on behalf of Big Oil lack standing; "the only interests directly at stake are the interests of private energy companies," not the citizens of each state; and "the very suits that the complaint seeks to enjoin are better forums for resolving the issues raised."
Alyssa Johl, vice president of legal and general counsel for CCI, said that "as the solicitor general makes clear, there is no legal basis for the Supreme Court to intervene in these cases. State and local governments are seeking to hold corporations accountable for lying about their harmful products, and state courts have the authority to hear those claims. The justices should reject these meritless requests and allow communities to have their day in court to hold Big Oil accountable."
Experts at the Union of Concerned Scientists (UCS) agreed. Delta Merner, lead scientist for the group's Science Hub for Climate Litigation, said the new briefs "represent an important step in the pursuit of climate accountability" and "reaffirm that communities have the right to hold fossil fuel companies accountable for decades of misleading the public about the harms associated with their products."
"Research has shown how fossil fuel companies knowingly concealed the dangers of their products while misleading the public—a pattern of misconduct that contributed directly to today's climate crisis," she noted. "These cases seek to give communities the chance to present this evidence in court, shining a light on the broader impacts of corporate disinformation campaigns."
"We applaud the Biden administration's continued support for these lawsuits and urge the incoming Trump administration to continue following science and clear legal arguments."
Kathy Mulvey, director of the climate accountability campaign at UCS, stressed that "communities like Honolulu are bearing the financial burden of addressing climate damages, using public dollars to remediate harms caused by decades of deception by fossil fuel companies."
"A core principle of accountability is timely access to justice through the courts. Honolulu and other communities have already waited years to present their evidence and argue their claims," she added. "We applaud the Biden administration's continued support for these lawsuits and urge the incoming Trump administration to continue following science and clear legal arguments."
Honolulu's suit is just one of dozens that state and local governments have filed against the fossil fuel industry—and Prelogar's brief last year notably represented a departure from the first Trump administration's support for Big Oil. Her new briefs come as the nation prepares for President-elect Donald Trump to return to the White House next month, with a Republican-controlled Congress.
Shortly after the GOP electoral victories last month, Emily Sanders a senior reporter for the CCI project ExxonKnews, spoke with multiple legal experts who framed the courts as key to Big Oil accountability with Trump and Republican lawmakers in power.
"It's not a stretch to say the message coming from the federal executive branch writ large and large numbers of Congress is going to be climate denial and misrepresentations," said Pat Parenteau, an environmental law professor and senior fellow at Vermont Law School. "So these cases and these jury verdicts are going to be even more important to correct the record to the extent you can."
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Maine Becomes Latest State to Sue Oil Giants Over Climate Deception
"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.
Nov 26, 2024
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."
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