Campaigners and experts on Wednesday asked the US Supreme Court not to intervene in state and local lawsuits aimed at holding fossil fuel giants accountable for lying to the public about their contributions to the climate emergency. We welcomed the Biden administration’s new briefing paper.
Tuesday’s filings in Sunoco v. City and County of Honolulu and Alabama v. California are consistent with U.S. Attorney General Elizabeth Preloger’s court brief last year, which stemmed from a Colorado community suing a major oil company. . In response to the motion, the justices refused to hear five appeals from fossil fuel companies seeking to move climate change liability cases from state to federal court.
The right-leaning U.S. Supreme Court asked Preloger to reconsider in June and October of this year. With her new filing, climate change advocates hope the judge will follow suit and move cases against major polluters forward in state court.
“The Department of Justice is giving communities a day in court to bring big oil companies to justice for lies about climate change and the resulting harms,” Richard Wiles, director of the Center for Climate Integrity (CCI), said in a statement. I once again confirmed that I deserved to be accepted.” “Big oil companies desperately avoid facing evidence of their deception in court, but wanting to escape the consequences of their actions is not the same as having the law on their side. .”
“As the Attorney General has made clear, there is no legal basis for the Supreme Court to intervene in these cases.”
The Honolulu lawsuit aimed to force companies like BP, Chevron, ExxonMobil, and Shell to pay local climate damages, but the Hawaii Supreme Court ruled that “alleging deceptive marketing of fossil fuel products” It rejected the fossil fuel industry’s argument that the state law claims are compliant with either: Preempted by federal common law regarding transboundary air pollution, or the Clean Air Act. ”
“The country’s highest court does not have the authority to reconsider” the Hawaii Supreme Court’s interim decision that allowed Honolulu’s case to proceed, Preloger said, adding, “Even if it did, there would be no further reconsideration at this point.” It is unfair.”
Another lawsuit involves 19 state attorneys general seeking to stop fraudulent climate change lawsuits in California, Connecticut, Minnesota, New Jersey, and Rhode Island, but Preloger said: There is no merit to the argument that federal common law regarding cross-border aviation applies.” Contamination controls (and therefore precludes) the defendant’s claims. ”
The attorney general also argued that attorneys general working on behalf of Big Oil are not qualified. “The only people directly at stake are the interests of private energy companies,” not the citizens of the states. and that “the suit which the complaint seeks to bring is itself a better forum for resolving the issues raised.”
“As the Attorney General has made clear, there is no legal basis for the Supreme Court to intervene in these cases,” said Alyssa Joll, vice president of legal affairs and general counsel at CCI. We are trying to hold them accountable for their actions.” State courts have the power to hear those claims, and judges should reject these baseless demands and allow communities to hold Big Oil accountable in court. ”
Experts from the Union of Concerned Scientists (UCS) agreed. Delta Melner, lead scientist at the group’s Climate Litigation Science Hub, said the new brief “represents an important step in the pursuit of climate accountability,” adding, “Communities need to “We reaffirm our right to hold fossil fuel companies accountable for misleading the public for decades.” about the hazards associated with their products. ”
“Studies reveal how fossil fuel companies mislead the public while deliberately concealing the dangers of their products, a pattern of fraud that has directly contributed to today’s climate crisis,” she noted. did. “These lawsuits aim to give communities the opportunity to present this evidence in court and highlight the broader impact of corporate disinformation campaigns.”
“We commend the Biden administration for its continued support of these cases and urge the incoming Trump administration to continue to follow the science and clear legal arguments.”
“Communities like Honolulu need to use public funds to redress the harm caused by decades of deception by fossil fuel companies and reduce climate damage,” said Kathy Mulvey, director of UCS’s Climate Responsibility Campaign. “We have a financial burden to deal with,” he said.
“A core principle of accountability is access to timely justice through the courts. Communities in Honolulu and other communities have already waited years to present evidence and make their claims,” she said. added. “We commend the Biden administration for its continued support of these cases and urge the incoming Trump administration to continue to follow the science and clear legal arguments.”
The Honolulu lawsuit is just one of dozens filed by state and local governments against the fossil fuel industry. And last year’s Preloger briefing marked a marked departure from the first Trump administration’s support for big oil. Her new brief comes 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 Republican Party’s election victory last month, Emily Saunders, senior reporter for CCI Project Exxon News, spoke with several legal experts and argued that the court should hold Big Oil accountable to President Trump and the Republicans in power. He claimed it was the key.
“It’s no exaggeration to say that the message the federal executive branch will send to the majority of Congress will be climate change denial and misrepresentation,” said Pat Parenteau, an environmental law professor and senior fellow at Vermont Law School. ” he said. “Thus, these lawsuits and jury verdicts will be even more important to correcting the record as much as possible.”
