Efforts to hold fossil fuel corporations accountable for climate damage are facing increased resistance from the oil and gas industry, supported by the Trump administration’s pro-fossil fuel stance. This includes lobbying Congress for liability protection and challenging state climate laws.
“The effort has escalated dramatically in the past six or seven months,” said Richard Wiles, president of the Center for Climate Integrity, which advocates for holding fossil fuel companies accountable for their role in climate change.
The political landscape has shifted as the Trump administration supports fossil fuel interests, rewarding loyalists and campaign donors.
The oil and gas industry spent $445 million during the last election cycle to influence President Trump and Congress, including $96 million on his re-election, according to Climate Power.
“What has changed is that there is a new administration,” said Lisa Graves, founder and executive director of True North Research. She noted the Trump administration’s defense of the fossil fuel industry.
Over the past eight years, communities have filed lawsuits against major fossil fuel firms, seeking damages for climate impacts and to stop misleading practices. More than 30 lawsuits are advancing, with some closer to trial.
States like Vermont and New York have enacted climate superfund laws, holding fossil fuel companies strictly liable for climate damages. Similar legislation is pending in other states.
The fossil fuel industry, supported by the Trump administration, is mounting a “massive orchestrated campaign” to prevent climate liability laws and lawsuits, pushing for legal immunity similar to that received by gun manufacturers.
Oil Industry Seeks Congressional Support for Liability Shield
Several climate liability lawsuits, including those by Massachusetts against ExxonMobil, and suits in Honolulu and Boulder, are progressing toward trial.
The Wall Street Journal and The New York Times report that industry representatives are lobbying Congress for a liability shield.
The American Petroleum Institute has lobbied on draft legislation related to state liability efforts, while ConocoPhillips lobbied on state superfund legislation.
Pat Parenteau from Vermont Law and Graduate School said legal immunity for the fossil fuel industry is unlikely to pass the Senate, but the lobbying indicates the industry’s concern over potential legal jeopardy. “You don’t seek a [liability] waiver unless you know you’re guilty,” Wiles said.
Over the summer, the House Appropriations Committee drafted a spending bill that could block D.C.’s consumer protection lawsuit against Big Oil.
Anne Havemann, from Chesapeake Climate Action Network, said this could threaten ongoing lawsuits if D.C. can’t use funds for these cases.
Supreme Court and Big Oil
Fossil fuel companies are defending against climate liability lawsuits, with some recent success in dismissing state cases.
Boulder’s lawsuit is back before the Supreme Court on a petition from oil companies, questioning federal law’s preclusion of state claims.
Earlier this year, the Supreme Court denied a petition in Honolulu’s case, which is advancing toward trial.
The new petition offers another opportunity for the Supreme Court to intervene, potentially stopping climate liability efforts. The prospect of facing trial worries oil companies, according to Parenteau.
Republican House members filed an amicus brief supporting the oil companies’ petition, the first such move from congressional Republicans.
The brief argues that lawsuits against oil and gas companies aim to “dictate national energy policy.”
Michael Gerrard from the Sabin Center for Climate Change Law notes the Trump administration’s attempt to revoke the Endangerment Finding could weaken oil companies’ defense.
Trump Administration’s Support for Fossil Fuel Industry
The Trump administration is backing the fossil fuel industry in litigation, filing amicus briefs in cases before the U.S. Supreme Court and Maryland Supreme Court.
After a White House meeting with oil executives, Trump directed Attorney General Pam Bondi to halt legal actions against the industry. Subsequently, the DOJ sued four states over climate superfund laws.
Advances in climate attribution science enable quantification of major fossil fuel producers’ contributions to sea level rise and heat waves.
The DOJ has filed for summary judgment to block climate superfund laws in Vermont and New York.
Havemann noted the Trump administration’s aggressive approach to protecting the fossil fuel industry. The White House did not respond to requests for comment.
Republican Push Against Climate Accountability
Sen. Ted Cruz led a congressional hearing titled “Enter the Dragon—China and the Left’s Lawfare Against American Energy Dominance,” attacking climate lawsuits as a left-wing plot involving China.
Cruz’s office provided no evidence linking China to U.S. climate lawsuits, despite claims.
During the hearing, Kansas Attorney General Kris Kobach discussed Republican states’ litigation against climate superfund laws and urged Congress to preempt such state laws.
Republican AGs suggested DOJ actions to preempt state climate laws, restrict funding, and create a liability shield similar to gun industry immunity.
Wiles noted the striking nature of Republican AGs’ call for a liability shield for fossil fuel companies, likening it to gun industry immunity.
The Republican Attorneys General Association (RAGA) coordinates litigation strategies, funded by conservative activists and fossil fuel industry donations.
RAGA did not respond to requests for comment.
Original Story at insideclimatenews.org