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"They want to take climate out of the policy process entirely."
A key oil and gas industry group has devised a plan to dismantle Biden-era climate regulations, including on methane emissions, according to an investigation published Friday in The Washington Post.
The American Exploration and Production Council, a trade group of 30 oil and gas producers, aims to reverse a series of regulations the Biden administration has made, including the institution of a methane fee, the Post reported, based on AXPC documents that were leaked to Fieldnotes, a climate research group.
AXPC represents Big Oil companies including ExxonMobil and ConocoPhillips, whose executives Republican nominee Donald Trump has aggressively sought out for contributions in his bid to return to the White House, even making a quid pro quo offer—deregulation in return for $1 billion in campaign cash—during a gathering at Mar-a-Lago in April.
David Doniger, senior adviser to the NRDC Action Fund, which is affiliated with the Natural Resources Defense Council, told the Post that Trump had "promised to grant their wishes" and the leaked documents, which Doniger reviewed at the paper's request, revealed their "wish list."
Paasha Mahdavi, director of the Energy Governance and Political Economy Lab at University of California at Santa Barbara, noted the comprehensiveness of AXPC's plans, which he also reviewed.
"They want to take climate out of the policy process entirely," Mahdavi told the Post. "They want government to stop regulating climate issues and stop thinking about climate risks."
Mahdavi said the AXPC documents showed that member companies were acting out of step with their own public climate pledges.
"They talk a lot about climate ambitions while doing something different inside their companies," he said. "If you are aligned with the Paris agreement, you cannot be part of a trade association trying to roll back these emissions regulations. Those two things are inconsistent."
Elizabeth Kolbert, an environmental writer at The New Yorker, said the plans were not surprising but were "still terrifying."
The oil and gas industry's plan for a Trump presidency involves pouring more methane into the atmosphere. Unsurprisingly, but still terrifying. https://t.co/RsVjiMefZH
— Elizabeth Kolbert (@ElizKolbert) October 18, 2024
Aspects of the AXPC plans had already been released publicly, including its goals to increase the production and export of liquefied natural gas (LNG).
The leaked documents included a confidential survey of member companies showing that nine out of the 19 companies that responded had increased methane flaring between 2021 and 2023. Natural gas flaring is a longstanding but highly polluting industry disposal method. The survey also showed that the total amount of flaring across the companies increased by 20% from 2022 to 2023.
Methane is a greenhouse gas far more potent than carbon dioxide, though not as long lasting in its effects. Methane emissions are responsible for about 20-30% of climate warming since the 1700s, scientists estimate—second only to carbon dioxide. Fossil fuels are a major source of those methane emissions, along with modern agricultural practices and other causes.
In March, the Environmental Protection Agency finalized its methane rule, which is projected to reduce emissions of the gas by up to 80% over 14 years. A group of Republican-led states and fossil fuel interests have challenged the rule in federal court. The case that's ongoing, though the plaintiffs' bid for an emergency injunction on the rule from the U.S. Supreme Court failed, so the regulation remains in effect.
The documents also show a number of other orders and regulations in the industry's crosshairs. One is a sweeping executive order issued in the first week of the Biden administration to establish a "whole-of-government" approach to tackling the climate crisis; it includes goals to limit drilling on federal land and decarbonize the grid. AXPC also seeks to undo an executive order that requires companies to disclose climate-related financial risks.
Other items in the AXPC roadmap include lifting the Biden administration's pause on LNG exports and undoing a rule requiring the climate to be taken into account in major infrastructure projects. The group also wants to see an executive order that promotes fossil fuel production.
AXPC spokesperson Mark Bednar, who previously worked for then-Speaker of the House Kevin McCarthy, a Republican, told the Post that "our board documents make clear that our priorities are the same regardless of who is in the White House."
Yet the plan, which runs in contradiction to Democratic Party aims, will only be actionable if Trump returns to power.
Trump has phoned oil and gas executives regularly in recent months "to hear their wishes and raise campaign cash," the Post reported. As a group, AXPC hasn't contributed to the Trump campaign, but leaders of its member companies are Trump donors and fundraisers.
The International Energy Agency (IEA), which released a major report this week showing that the world's nations were not on track to achieve crucial climate goals, has documented the dangerous rise in global methane emissions—making the agency a target of the fossil fuel industry.
At a fundraiser this summer, fossil fuel executives told Trump he should push for Fatih Birol, the IEA's executive director, to be replaced, according to the Post, citing an anonymous attendee.
ExxonMobil distanced itself from the leaked documents, telling the Post that it doesn't agree with all AXPC positions and that it has sharply reduced its methane emissions and supports the methane fee.
ConocoPhillips didn't reply to a request for comment by the Post but has said in filings that it supports the AXPC's position on methane.
The city alleges the industry "funded, conceived, planned, and carried out a sustained and widespread campaign of denial and disinformation about the existence of climate change and their products' contribution to it."
Chicago on Tuesday joined the growing list of U.S. cities and states suing Big Oil for lying to the public about how burning fossil fuels causes and exacerbates the climate emergency.
The administration of Chicago Mayor Brandon Johnson, a progressive Democrat, filed a lawsuit in Cook County Circuit Court against ExxonMobil, Chevron, BP, Shell, ConocoPhillips, Phillips 66, and the industry lobby American Petroleum Institute, which "funded, conceived, planned, and carried out a sustained and widespread campaign of denial and disinformation about the existence of climate change and their products' contribution to it."
"The climate change impacts that Chicago has faced and will continue to face—including more frequent and intense storms, flooding, droughts, extreme heat events, and shoreline erosion—are felt throughout every part of the city and disproportionately in low-income communities," the suit contends.
In a statement, Johnson said that "there is no justice without accountability."
"From the unprecedented poor air quality that we experienced last summer to the basement floodings that our residents on the West Side experienced, the consequences of this crisis are severe, as are the costs of surviving them," he added. "That is why we are seeking to hold these defendants accountable."
Climate campaigners welcomed the lawsuit.
"Big Oil has lied to the American people for decades about the catastrophic climate risks of their products, and now Chicago and communities across the country are rightfully insisting they pay for the damage they've caused," Center for Climate Integrity president Richard Wiles said in a statement.
"With Chicago, the nation's third largest city, joining the fray, there is no doubt that we are witnessing a historic wave of lawsuits that could finally hold Big Oil accountable for the climate crisis they knowingly caused," he added.
Chicago joins eight U.S. states plus the District of Columbia and numerous municipalities across the country that have sued to hold Big Oil accountable for deceiving the public about its role in the climate emergency.
"To date, eight federal appeals courts and dozens of federal district courts have unanimously ruled against the fossil fuel industry's arguments to prevent these lawsuits from moving forward in state courts," noted the Center for Climate Integrity. "In 2023, the U.S. Justice Department added its support for the communities. The U.S. Supreme Court has denied Big Oil petitions to consider the industry's appeals of those lower court rulings three separate times, most recently in January."
Angela Tovar, Chicago's chief sustainability officer, told the Chicago Sun-Times that "the fossil fuel industry should be able to pay for the damage they've caused."
"We have to see accountability for the climate crisis," she added.
"California's move is an unmistakable sign that the wave of climate lawsuits against Big Oil will keep growing and that these polluters' days of escaping accountability for their lies are numbered."
The state of California on Friday filed suit against ExxonMobil, Shell, BP, ConocoPhillips, and Chevron, accusing the five oil and gas giants of a decadeslong campaign to mislead the public about the threat fossil fuels pose to the climate.
The lawsuit makes California the largest economy on the planet to take legal action against fossil fuel companies over their efforts to deceive the world about their destructive—and immensely profitable—business model. California is also a major producer of oil and gas.
"This has been a multi-decade, ongoing campaign to seek endless profits at the expense of our planet, our people, and the greedy corporations and individuals need to be held accountable," California Attorney General Rob Bonta toldThe New York Times in an interview on Friday. "That's where we come in."
With its new civil lawsuit, filed in a San Francisco court, California joins Rhode Island, Minnesota, Connecticut, Massachusetts, Vermont, and other states that have sued the fossil fuel industry over its role in massive climate damages. Dozens of municipalities, including several in California, have also filed lawsuits against oil giants.
According to the National Oceanic and Atmospheric Administration, the U.S. has experienced a record-breaking 23 billion-dollar extreme weather disasters this year, from deadly flooding in California to the catastrophic wildfire that killed nearly 100 people in Maui, Hawaii—which is also suing Big Oil.
Cities and states representing 25% of the U.S. population are currently taking part in some kind of climate-related legal action against the fossil fuel industry, according to Fossil Free Media, and the Biden Justice Department is facing growing pressure to join the fight.
In an effort to improve their chances of winning the mounting legal battles, fossil fuel giants have tried to move climate liability lawsuits from state to federal court—but the U.S. Supreme Court declined to hear their appeals earlier this year.
"Just like tobacco and opioid companies, the oil and gas industry will have to face the evidence of its deception in court."
Richard Wiles, the president of the Center for Climate Integrity, said in a statement Saturday that "California's decision to take Big Oil companies to court is a watershed moment in the rapidly expanding legal fight to hold major polluters accountable for decades of climate lies."
"Whether it's fires, droughts, extreme heat, or sea-level rise, Californians have been living in a climate emergency caused by the fossil fuel industry, and now the state is taking decisive action to make those polluters pay," said Wiles. "As similar cases proceed toward trial, California's move is an unmistakable sign that the wave of climate lawsuits against Big Oil will keep growing and that these polluters' days of escaping accountability for their lies are numbered. Just like tobacco and opioid companies, the oil and gas industry will have to face the evidence of its deception in court."
California's lawsuit, which also names the American Petroleum Institute as a defendant, comes days after The Wall Street Journalpublished a front-page story based on previously unreported documents that detail Exxon's behind-closed-doors effort to cast doubt on climate science after 2006, when the company publicly acknowledged the link between fossil fuels and climate change for the first time.
Exxon and other oil companies have been aware of the connection since the 1970s.
"For more than 50 years, Big Oil has been lying to us—covering up the fact that they've long known how dangerous the fossil fuels they produce are for our planet," California Gov. Gavin Newsom said in a statement. "It has been decades of damage and deception."
"Wildfires wiping out entire communities, toxic smoke clogging our air, deadly heatwaves, record-breaking droughts parching our wells," Newsom continued. "California taxpayers shouldn't have to foot the bill. California is taking action to hold big polluters accountable."
The Times noted Friday that California's lawsuit aims to establish "a fund that would be used to pay for recovery from extreme weather events and mitigation and adaptation efforts across the state."
"The lawsuit claims that California has already spent tens of billions of dollars paying for climate disasters, and expects costs to rise significantly in the years ahead," the Times added.
Jamie Henn, the director of Fossil Free Media, said Saturday that with its lawsuit, "California just kicked open the door for every city and state in America to sue the fossil fuel industry for climate damages."
"After this summer of brutal heat waves and climate disasters, I think the public is hungry for a way to hold the fossil fuel industry accountable for the damage they've done," said Henn. "Big Oil knew, they lied, and now it's time to make them pay."