California is suing Big Oil over climate change
Images: Rich Pedroncelli/AP | Larry Valenzuela/CalMatters
On Friday, the state of California sued five major oil companies, alleging they knowingly deceived the public for decades about the climate-change risks associated with fossil fuels.
The lawsuit, modeled on successful past cases against the tobacco and pharmaceutical industries, is seeking tens of billions of dollars in damages for money spent in recent decades to address climate-related issues like wildfires, heat waves, and droughts.
🤔 What are the allegations?... California’s AG claims all five companies – Exxon Mobil, Shell, BP, ConocoPhillips, and Chevron – have known that burning fossil fuels would change the climate since at least the 1960s, but instead chose to promote disinformation to lawmakers and consumers.
The suit cites a range of studies previously commissioned by the companies that pointed to the environmental risks of widespread fossil-fuel use. A few examples:
- A 1968 report commissioned by all five companies concluded: “Significant temperature changes are almost certain to occur by the year 2000.”
- In a 1977 presentation to Exxon executives, scientists reported that “current scientific opinion overwhelmingly favors attributing atmospheric carbon dioxide increase to fossil fuel consumption.”
- A 1979 paper from senior scientists in the oil and gas industry found rising CO2 concentrations would contribute to future global warming, but said the effects would likely go undetected until around 2000 due to a temporary natural cooling trend.
🔀 On the flip side: The oil companies say California’s lawsuit is meritless and politically biased, and claim the state lacks the constitutional authority to enforce billions of dollars in damages for climate-related reasons.
They also assert that Congress, not the courtroom, is the proper venue for addressing energy policy, since any adverse ruling against the oil and gas industry would carry large implications for the overall US economy.
- Oil execs in the past have also questioned the validity of studies that purport to connect the industry’s actions to climate change, arguing such research is largely based on predictions, assumptions, and incomplete data.
⚖️🌎 Zoom out: This isn’t the only climate-related lawsuit to be filed in recent years. Since 2017, more than 40 US states and cities have filed ongoing lawsuits against fossil-fuel companies over their alleged roles in contributing to climate change.
📊 Flash poll: Do you agree with California’s decision to sue fossil-fuel companies?
See a 360° view of what media pundits are saying →
Sprinkles from the Left
- Some commentators argue that politicians have tried and failed to nudge or cajole the fossil-fuel industry into more responsible climate behavior, so the only course of action left is through court mandates and legal force.
- Others contend that lawsuits are the only way to hold oil and gas companies responsible for knowingly fueling the climate crisis by lying to the public to protect their companies’ bottom lines.
- “Hoping fossil fuel giants will see the light on climate hasn’t worked. Change only comes with mandates and force” –LA Times Editorial Board
- “Climate Change Lawsuits Are the Best Way to Force Action” –Former Honolulu Mayor Kirk Caldwell (D)
- “Why Big Oil fears being put on trial for climate change” –Ann Carlson, UCLA Professor of Environmental Law
Sprinkles from the Right
- Some commentators argue that California’s lawsuit is misguided for several reasons, including the fact that the state itself knew the same information but failed to act, as well as the fact that these five companies are only responsible for a tiny portion of global CO2 emissions.
- Others contend that climate lawsuits filed by cities and states should be moved to federal courts, since state courts will apply 50 different state laws for virtually identical allegations.
- “California's Misguided Lawsuit Against Oil Firms” –Robert Rapier, Forbes
- “Keeping climate litigation in state courts will create liability chaos” –Andrew Ketterer, Washington Examiner
- “For young people, climate change is real” –Scott Walker, Washington Times
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