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Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
"The Supreme Court's decision brings the people of Delaware and Hoboken one step closer to putting these polluters on trial and making them pay for their climate deception."
On the heels of similar decisions last month, the U.S. Supreme Court on Monday delivered "another win for climate accountability," rejecting fossil fuel corporations' attempt to quash lawsuits filed by the city of Hoboken, New Jersey, and the state of Delaware.
Both filed in September 2020, the suits from Hoboken and Delaware—like those filed by dozens of other municipalities and states—take aim at companies including BP, Chevron, ConocoPhillips, ExxonMobil, and Shell for fueling the climate emergency. The fossil fuel industry has repeatedly tried to evade accountability by shifting such cases from state to federal court.
"We appreciate and agree with the court's order denying the fossil fuel companies' petition, which aligns with dozens of decisions in federal courts here in Delaware and across the country," said Democratic Delaware Attorney General Kathy Jennings in response to Monday's decision.
The Supreme Court's decision means that both of these cases will now move forward in state court.
Jennings on Monday cited an opinion piece she wrote for Delaware Online with Shawn Garvin, secretary of the Delaware Department of Natural Resources and Environmental Control, back when they launched the legal effort in 2020:
As we stated at the time of filing this case almost three years ago: "It didn't have to be this way. The fossil fuel industry knew for decades that their products would lead to climate change with potentially 'severe' and even 'catastrophic' consequences—their words, not ours. But they didn't clean up their practices or warn anyone to minimize the peril they were creating. Instead, they spent decades deliberately and systematically deceiving the nation about what they knew would happen if they carried on with business as usual."
Building on revelations from the past decade that have bolstered climate liability lawsuits, peer-reviewed research published in January shows that ExxonMobil accurately predicted global heating decades ago, while documents released in early April make clear that Shell knew about the impact of fossil fuels even earlier than previously thought.
"Imagine how far along we might be in the transition to a low-carbon economy today if not for their deception," Jennings said. "That's why we filed our lawsuit, and today's order moves Delawareans one step closer to the justice and economic relief that we deserve."
For Hoboken and Delaware, the high court denied fossil fuel companies' challenge to decision last year from a panel at the U.S. Court of Appeals for the 3rd Circuit, which wrote in part that "our federal system trusts state courts to hear most cases—even big, important ones that raise federal defenses. Plaintiffs choose which claims to file, in which court, and under which law. Defendants may prefer federal court, but they may not remove their cases to federal court unless federal laws let them. Here, they do not."
Center for Climate Integrity president Richard Wiles noted Monday that "Big Oil companies keep fighting to avoid trials in state courts, where they will be forced to defend their record of climate lies and destruction in front of juries, but federal courts at every level keep rejecting their efforts."
"The Supreme Court's decision brings the people of Delaware and Hoboken one step closer to putting these polluters on trial and making them pay for their climate deception," Wiles added. "Fossil fuel companies must be held accountable for the damages they knowingly caused."
After the high court's April decisions—which involved cases brought by the state of Rhode Island as well as municipalities across California, Colorado, Hawaii, and Maryland—Jamie Henn of Fossil Free Media said, "This should open the floodgates for more lawsuits that could make polluters pay!"
There were no noted dissensions on Monday. However, like last month, Justice Samuel Alito, who owns stock in some fossil fuel companies, did not participate in the decision about these two cases—but Justice Amy Coney Barrett, whose father spent nearly three decades as an attorney for Shell, did.
Lawyers representing Venezuelan migrants who were recently flown to Martha's Vineyard, Massachusetts on orders from Florida Gov. Ron DeSantis filed a class action lawsuit Tuesday alleging the Republican and his state's transportation secretary perpetrated a "fraudulent and discriminatory scheme" against them.
"Defendants manipulated them, stripped them of their dignity, deprived them of their liberty, bodily autonomy, due process, and equal protection under law."
The suit, which was filed Tuesday afternoon in the United States District Court in Boston, said the legal asylum-seekers who boarded two flights from Texas to the wealthy island resort were told they would be sent to Boston or Washington, D.C.
The filing further claims that in an effort to mislead the migrants, Florida officials "manufactured" an "official-looking brochure" listing fake benefits. Migrants were also offered incentives such as $10 McDonald's gift cards if they boarded the flights.
"These immigrants, who are pursuing the proper channels for lawful immigration status in the United States, experienced cruelty akin to what they fled in their home country," the lawsuit argues.
"Defendants manipulated them, stripped them of their dignity, deprived them of their liberty, bodily autonomy, due process, and equal protection under law, and impermissibly interfered with the federal government's exclusive control over immigration in furtherance of an unlawful goal and a personal political agenda," the document adds.
\u201cTODAY, @LCRBOSTON filed a lawsuit, with @ALIANZAAMERICAS as a plaintiff, that seeks to hold @GovRonDeSantis & the State of Florida accountable for deliberately tricking a group of nearly 50 people to board a plane from San Antonio, TX, to Martha\u2019s Vineyard https://t.co/OuS26pn5g9\u201d— ALIANZA AMERICAS (@ALIANZA AMERICAS) 1663715152
The plaintiffs are asking the court to find Florida's actions violated their 4th and 14th Amendment rights, as well as the Civil Rights Act of 1964, as state officials "intentionally targeted only individuals who are non-white and born outside the United States."
Oscar A. Chacon, executive director of case plaintiff Alianza Americas, said in a statement that "for the governor of Florida to cynically use recently arrived immigrants who have applied for asylum in the U.S. to advance a hate-driven agenda intended to create confusion and rejection throughout the country is not only morally despicable but utterly contrary to the best traditions of humanitarian protection embraced by most Americans."
"That is why we have taken the step to legally challenge what we view not only as a morally reprehensible action but what we believe is also illegal," he continued.
"We want to do everything we can to prevent more abuses against newly arrived immigrants," added Chacon, "especially asylum-seekers who deserve support, protection, and to be recognized for the incredible contributions they make to the U.S., as well as their loved ones in their home countries."
\u201c"We thought that they were going to take us to a shelter and continue with our lives." \n\nThe man I've been speaking with sent me the following photos of the brochure. \n\nThey match up with @JuddLegum reporting that he obtained from @LCRBOSTON.\u201d— Emmanuelle Saliba (@Emmanuelle Saliba) 1663678720
On Tuesday, Common Dreams reported that Javier Salazar, the sheriff of Bexar County, Texas--the planes to Massachusetts departed from San Antonio--had launched a criminal investigation into the flights.
Last week, seven U.S. lawmakers representing Massachusetts urged the U.S. Treasury Department to investigate DeSantis' apparent abuse of federal Covid-19 relief funds to pay for the flights.
Massachusetts state Rep. Dylan Fernandes, a Democrat who represents Martha's Vineyard, this week called for a federal human trafficking probe of DeSantis.
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DeSantis said last Friday that the recent flights "are just the beginning of efforts" and that he may work with Texas Gov. Greg Abbott to arrange future removals. DeSantis insisted last week that the migrants' relocations were "all voluntary."
Two other Republican governors--Abbott and Arizona's Doug Ducey--have sent migrants to Chicago, New York, Washington, D.C., and Sacramento. In total, more than 13,000 people have been transported to the sanctuary cities since April.
Asked during a Tuesday press conference about reports that DeSantis may send migrants to Delaware, his home state, U.S. President Joe Biden said that "he should come visit."
"We have a beautiful shoreline," the president added.
The U.S. Justice Department announced Wednesday that a mortgage company owned by billionaire businessman Warren Buffett engaged in an illegal "pattern or practice of lending discrimination" by "redlining" in the Philadelphia area, and will pay $20 million in a settlement agreement.
"The complaint also alleges that Trident's employees exchanged emails where they referred to neighborhoods of color as 'ghettos' and made racist jokes."
The DOJ, which launched a Combatting Redling Initiative last October, is calling the deal the first it has ever reached with a nonbank lender and the second-largest settlement in the agency's history involving the illegal practice of denying mortgage loans to potential homebuyers of color.
The U.S. Consumer Financial Protection Bureau alleged in a complaint filed Wednesday that from at least 2015 until 2019, Trident Mortgage Company--which is owned by Buffett's Berkshire Hathaway Inc.--violated the Fair Housing Act and the Equal Credit Opportunity Act by avoiding "providing home loans and other home mortgage services in majority-minority neighborhoods" in metropolitan Philadelphia, including in New Jersey and Delaware. The lender also "discouraged those living in, or seeking credit to purchase properties in, these neighborhoods from seeking or applying for credit from Trident."
Under the terms of the agreement, Trident will invest over $20 million in boosting credit opportunities in neighborhoods of color in the Philadelphia metropolitan area.
"This settlement is a stark reminder that redlining is not a problem from a bygone era. Trident's unlawful redlining activity denied communities of color equal access to residential mortgages, stripped them of the opportunity to build wealth, and devalued properties in their neighborhoods," said Kristen Clarke, assistant attorney general of the U.S. Justice Department's Civil Rights Division, announcing the deal.
\u201cRedlining is a term used to describe a practice dating back to the 1930s and in short \u2013 it occurs when banks and other lenders deny or discourage loan applications or credit services based on the race of the residents in certain neighborhoods.\u201d— AG Josh Shapiro (@AG Josh Shapiro) 1658929138
"Along with our federal and state law enforcement partners, we are sending a powerful message to lenders that they will be held accountable when they run afoul of our fair lending laws," she added.
Speaking at a Wednesday press conference announcing the settlement, Clarke said that "Trident's office locations were concentrated in majority-white neighborhoods, and that Trident's loan officers were directed to not to serve--and did not serve--the credit needs of neighborhoods of color."
"The complaint also alleges that Trident's employees exchanged emails where they referred to neighborhoods of color as 'ghettos' and made racist jokes," she added. "There's even a photo of a senior Trident manager posing in front of a Confederate flag."
Jacqueline Romero, the U.S. attorney for the Eastern District of Pennsylvania, asserted that "for far too many years Philadelphia's Black, Latino, and other communities of color have lacked equal access to lending and legal deed ownership. These historically redlined areas of Philadelphia continue to experience disproportionate amounts of poverty, poor health outcomes, limited educational attainment, unemployment, and violent crime."
\u201cOur investigation uncovered that Trident, which is part of Berkshire Hathaway, illegally redlined neighborhoods in the Philadelphia area, excluding qualified families seeking to own a home. This action is the 1st federal redlining resolution involving a non-bank mortgage lender.\u201d— Rohit Chopra (@Rohit Chopra) 1658930616
Pennsylvania Attorney General Josh Shapiro, a Democrat, said that "this was systemic racism--pure and simple. This is about real people. People who were ignored and who were harmed and left behind."
Although redlining officially ended following the passage of the Fair Housing Act in 1968, studies have shown the policy persists in practice in scores of metropolitan areas across the nation. Additionally, communities that were redlined remain predominantly minority and low-income today. A 2015 study by the National Community Reinvestment Coalition found that in Baltimore, race--and not economic status--was the most important factor in mortgage lending. Formerly redlined communities also face greater climate-related risks.