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"Courts across the country keep rejecting Big Oil's attempts to escape justice for their climate deception," said one advocate.
Advocates celebrated Monday after a Boulder, Colorado judge rejected attempts by ExxonMobil and Suncor Energy subsidiaries to dismiss a landmark lawsuit that seeks damages for the harms the fossil fuel companies have inflicted on the climate and local communities.
The lawsuit, brought in 2018 by the city and county of Boulder, argues that mounting climate costs "should be shared by the Suncor and Exxon defendants because they knowingly and substantially contributed to the climate crisis by producing, promoting, and selling a substantial portion of the fossil fuels that are causing and exacerbating climate change, while concealing and misrepresenting the dangers associated with their intended use."
Colorado Public Radionoted Monday that the lawsuit "cites the 2010 Fourmile Canyon fire and 2013 floods as examples of climate disasters in Boulder County."
"The case was filed before the Marshall fire swept through the area in the winter of 2021, incinerating more than 1,000 homes and causing more than $2 billion in damage in what is now considered the most destructive wildfire in state history," the outlet observed.
The legal challenge seeks relief under a Colorado consumer protection law and other local statutes, accusing the corporations of public and private nuisance, trespass, unjust enrichment, and civil conspiracy.
In an 81-page decision, Boulder County District Court Judge Robert Gunning rejected the Exxon and Suncor subsidiaries' claim that the state court lacked jurisdiction and concluded that "the public nuisance, private nuisance, trespass, conspiracy, and unjust enrichment claims may proceed against ExxonMobil, Suncor Energy, and Suncor Sales."
Ashley Stolzmann, Boulder County's commissioner, said Monday that the decision "reaffirms our stance: We are suffering from the impacts and heavy costs of the climate crisis, right here, right now."
"Today, we take a meaningful step towards accountability and ensuring our voices and hardships are acknowledged," Stolzmann added.
"The people of Boulder are now one crucial step closer to having their day in court to hold Exxon and Suncor accountable for their climate lies and the massive damages they've caused."
Monday's ruling represents the latest blow Exxon and Suncor have suffered during the yearslong legal battle. Last year, the U.S. Supreme Court rejected the companies' attempt to move the case to federal court.
"Since the beginning, defendants have been arguing against a case we did not plead," said Sean Powers, a senior attorney with EarthRights International, which is representing the plaintiffs.
"Plaintiffs are not trying to litigate a solution to the climate crisis, they are seeking redress for harms they have suffered and will continue to suffer," Powers continued. "The only conduct at issue is defendants' own: what they knew, when they knew it, and what they did with that knowledge."
Boulder is among the dozens of local governments that have sued oil and gas companies in recent years, aiming to hold the industry accountable for severely damaging the climate and deceiving the public about the dangers of its extractive business model.
Exxon has known for decades about the link between burning fossil fuels and planetary warming and has worked to cast doubt on the science as it continues to drill in the face of worsening climate extremes across the globe.
"The people of Boulder are now one crucial step closer to having their day in court to hold Exxon and Suncor accountable for their climate lies and the massive damages they've caused," Richard Wiles, president of the Center for Climate Integrity, said Monday. "Courts across the country keep rejecting Big Oil's attempts to escape justice for their climate deception, and sooner or later these companies will have to explain the evidence of their misconduct to a jury."
"These oil companies knew their products were dangerous, yet they did nothing to mitigate those dangers or warn any of us about them, for decades," said the chairwoman of the Shoalwater Bay Indian Tribe.
Two Indigenous tribes in Washington state said Wednesday that they intend to force several oil giants "to help pay for the high costs of surviving the catastrophe caused by the climate crisis," as they filed lawsuits in the state's largest trial court.
The Makah Indian Tribe and Shoalwater Bay Indian Tribe filed two separate complaints in King County Superior Court against ExxonMobil, Shell, Chevron, BP, ConocoPhillips, and Phillips 66, saying the defendants must be held "accountable for their deceptive and unfair conduct, and pay for the damage their deceptive conduct has caused and will cause for decades to come."
The lawsuits—among dozens filed against Big Oil since 2017—detail the extent to which the companies have long known that their fossil fuel extraction would drive planetary heating and the resulting sea-level rise, extreme weather, public health crises, and other impacts of the climate crisis, which now costs the U.S. roughly $150 billion per year just in damages from hurricanes and other weather disasters.
"We are seeing the effects of the climate crisis on our people, our land, and our resources. The costs and consequences to us are overwhelming," said Timothy Greene Sr., chairman of the Makah Tribal Council. "We intend to hold these companies accountable for hiding the truth about climate change and the effects of burning fossil fuels."
"We are facing hundreds of millions of dollars in costs to relocate our community to higher ground and protect our people, our property, and our heritage. These companies need to be held accountable for that."
Newly uncovered documents revealed earlier this year that scientists at Shell warned executives of the climate impact of the company's products in the 1980s, and an analysis published in Science in January showed that 63-83% of the global warming projections documented by Exxon scientists between 1977 and 2003 were accurate.
"These oil companies knew their products were dangerous, yet they did nothing to mitigate those dangers or warn any of us about them, for decades," said Charlene Nelson, chairwoman of the Shoalwater Bay tribe. "Now we are facing hundreds of millions of dollars in costs to relocate our community to higher ground and protect our people, our property, and our heritage. These companies need to be held accountable for that."
The tribes said in their complaints that they are "particularly vulnerable" to rising sea levels because their reservations are adjacent to the Pacific Ocean, and they have already incurred "significant costs" as they try to mitigate its risk by preparing to build and move housing and government buildings to higher ground.
The tribes accused the companies of creating a "public nuisance" and violating Washington's Products Liability Act by misrepresenting and intentionally concealing the risks involved in their fossil fuel extraction activities. They asked the court for jury trials and requested that the court order the companies to fund "an abatement fund to be managed by the tribe[s] to remediate and adapt [their] Reservation lands, natural resources, and infrastructure."
"Our analysis shows that ExxonMobil's own data contradicted its public statements, which included exaggerating uncertainties, criticizing climate models, mythologizing global cooling, and feigning ignorance," said lead author Geoffrey Supran.
"This is the nail in the coffin of ExxonMobil's claims that it has been falsely accused of climate malfeasance."
That's what University of Miami associate professor Geoffrey Supran said about a peer-reviewed study on the fossil fuel giant's global warming projections published Thursday in the journal Science, which he began work on as a Harvard University research fellow.
"Our analysis shows that ExxonMobil's own data contradicted its public statements, which included exaggerating uncertainties, criticizing climate models, mythologizing global cooling, and feigning ignorance about when—or if—human-caused global warming would be measurable, all while staying silent on the threat of stranded fossil fuel assets," said Supran, the study's lead author.
\u201cNEW: In @ScienceMagazine today, our latest peer-reviewed research shows Exxon scientists predicted global warming with shocking skill & accuracy between 1977 & 2003, contradicting the company's decades of climate denial. THREAD.\n\n\ud83d\udcf0No pay wall for 2 weeks: https://t.co/JDtT9nkbzC\u201d— Geoffrey Supran (@Geoffrey Supran) 1673549975
Exxon—and the fossil fuel industry overall—has faced scrutiny from campaigners, journalists, lawmakers, and scientists for spending decades hugely profiting off of its planet-wrecking products while spreading climate misinformation.
The new study from Supran, Harvard professor Naomi Oreskes, and University of Potsdam professor Stefan Rahmstorf—who is also a researcher at the Potsdam Institute for Climate Impact Research—comes as policymakers worldwide continue to allow major corporations to cash in on fossil fuels, despite the increasingly devastating impacts of heating the planet.
Supran and Oreskes have previously published peer-reviewed research on the "discrepancy between what ExxonMobil's scientists and executives discussed about climate change privately and in academic circles, and what it presented to the general public," confirming the findings from 2015 reports by Inside Climate News and The Los Angeles Times.
\u201cThe first peer-reviewed analysis of an oil company\u2019s climate research, by @geoffreysupran, @NaomiOreskes, @rahmstorf, shows Exxon\u2019s climate research was spot on \u2014 and that management disregarded its own scientists\u2019 findings. #ExxonKnew https://t.co/IEaDkrIN6h\u201d— ExxonKnews (@ExxonKnews) 1673550970
For their latest study, the pair and Rahmstorf analyzed all known global warming projections documented and modeled by Exxon scientists between 1977 and 2003. The researchers found that 63-83% of the company's projections were accurate.
"ExxonMobil's average projected warming was 0.20° ± 0.04°C per decade, which is, within uncertainty, the same as that of independent academic and government projections published between 1970 and 2007," the publication states.
The study includes the following graphic, which shows Exxon scientists' projections from internal documents and peer-reviewed publications for the review period in gray along with historically observed temperature change in red.
The company's science was "actually astonishing" in its precision and accuracy—but so was its "hypocrisy because so much of the ExxonMobil disinformation for so many years... was the claim that climate models weren't reliable," Oreskes toldThe Associated Press.
In a statement to AP and other media outlets, Exxon spokesperson Todd Spitler said that "this issue has come up several times in recent years and, in each case, our answer is the same: Those who talk about how 'Exxon Knew' are wrong in their conclusions."
"Some have sought to misrepresent facts and ExxonMobil's position on climate science, and its support for effective policy solutions, by recasting well-intended, internal policy debates as an attempted company disinformation campaign," he said. "ExxonMobil's understanding of climate science has developed along with that of the broader scientific community."
Meanwhile, climate advocates and experts echoed the points made by the study's authors.
\u201cThank you @GeoffreySupran, @NaomiOreskes and @rahmstorf for today\u2019s groundbreaking study that so plainly lays out just how accurately Exxon scientists predicted the climate crisis: https://t.co/5kXRobB4JQ\u201d— Sunrise Movement \ud83c\udf05 (@Sunrise Movement \ud83c\udf05) 1673565929
"A fossil fuel company? Putting profits over people? We're shocked. This is shocking news," Earthjustice sardonically tweeted.
"In all seriousness, this is an outrage," the group added. "Exxon has had fairly accurate data on climate change for decades... and buried it. Instead, it has been fervently and publicly contradicting its own research to preserve its profit."
As The Guardianreported:Climate scientists said the new study highlighted an important chapter in the struggle to address the climate crisis. "It is very unfortunate that the company not only did not heed the implied risks from this information, but rather chose to endorse nonscientific ideas instead to delay action, likely in an effort to make more money," said Natalie Mahowald, a climate scientist at Cornell University.
Mahowald said the delays in action aided by Exxon had "profound implications" because earlier investments in wind and solar could have averted current and future climate disasters. "If we include impacts from air pollution and climate change, their actions likely impacted thousands to millions of people adversely," she added.
Drew Shindell, a climate scientist at Duke University, said the new study was a "detailed, robust analysis" and that Exxon's misleading public comments about the climate crisis were "especially brazen" given their scientists' involvement in work with outside researchers in assessing global heating. Shindell said it was hard to conclude that Exxon's scientists were any better at this than outside scientists, however.
"The harm caused by Exxon has been huge," University of Michigan professor Jonathan Overpeck told the AP. "They knew that fossil fuels, including oil and natural gas, would greatly alter the planet's climate in ways that would be costly in terms of lives, human suffering, and economic impacts. And yet, despite this understanding they choose to publicly downplay the problem of climate change and the dangers it poses to people and the planet."
Alyssa Johl, vice president of legal at the Center for Climate Integrity, said that "this quantitative assessment puts a fine point on the fact that Exxon knew with incredible precision that the burning of their fossil fuel products would result in temperature increases and severe climate harms in the 2000s and beyond."
"They pretty much nailed these predictions with incredible accuracy. That cannot be refuted at this point," Johl added, suggesting that the research could bolster climate liability lawsuits filed by dozens of U.S. states and municipalities against ExxonMobil and other fossil fuel companies for driving the global emergency.
"There are two very important pieces to the puzzle that need to be established and proven in these cases: the fact that oil and gas companies had longstanding knowledge of the causes and consequences of climate change, and that rather than disclose that information, they actively concealed and denied it," she said. "This analysis shows once again that Exxon knew."
As Fossil Free Media director Jamie Henn put it: "This is exactly like Big Tobacco companies knowing that cigarettes caused cancer but lying about it anyway. Exxon knew they were causing catastrophic damage and buried the truth. Time to make them pay."