courts
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A Maryland judge dismisses Baltimore's climate lawsuit against oil companies
A Baltimore judge dismissed the city's climate lawsuit against major oil companies, saying state courts cannot address global issues like climate change.
In short:
- Filed in 2018, Baltimore's lawsuit aimed to hold oil companies like Chevron, Exxon, and BP accountable for environmental damages.
- Judge Brown ruled that federal law, not state law, governs such global pollution-based complaints.
- Baltimore plans to appeal, arguing that the lawsuit addresses consumer fraud, not emission regulation.
Key quote:
"Global pollution-based complaints were never intended by Congress to be handled by individual states."
— Videtta A. Brown, Baltimore Circuit Court Judge
Why this matters:
This ruling sets a precedent that could limit state-level legal actions against oil companies for climate-related damages. It challenges efforts to hold fossil fuel industries accountable for their role in climate change.
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Judges' interpretations of the law significantly impact climate policy
Presidential environmental regulations often face court challenges, shaping policies on climate, water, air, and wildlife.
In short:
- Environmental rules, regardless of the president, are frequently challenged in court.
- Lower federal courts, where thousands of decisions are made, often have the final say.
- Recent judicial appointments have emphasized partisan alignment over experience, affecting court decisions on environmental issues.
Key quote:
“I do think we need a Supreme Court, appellate courts, trial courts, that respect the law and respect facts and avoid this kind of activist bent.”
— DJ Gerken, president of the Southern Environmental Law Center
Why this matters:
Judges' rulings shape the effectiveness of environmental regulations, impacting the government's ability to address critical climate issues. Increased judicial skepticism can undermine efforts to manage emerging environmental challenges.
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Credit: Okan Caliskan/Pixabay
Companies face rising number of climate lawsuits
The number of climate lawsuits against corporations worldwide has surged, with over 230 cases filed since 2015, mostly after 2020.
In short:
- Climate-washing, where companies are accused of misleading environmental progress, saw 47 cases in 2023.
- The US led with 129 cases filed in 2023, followed by the UK with 24.
- New climate litigation cases emerged in Panama and Portugal in 2023, adding to the 55 countries recording such cases.
- A growing number of cases were filed in the global south.
Key quote:
"Climate litigation ... has become an undeniably significant trend in how stakeholders are seeking to advance climate action and accountability."
— Andy Raine, head of international environment law at the United Nations Environment Programme
Why this matters:
Increasing litigation pressures companies to get on board with climate goals, potentially changing corporate behaviors. The rise in climate-washing cases reflects growing scrutiny of environmental claims, which could lead to more honest and effective corporate climate actions.
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Italian Supreme Court to rule on Greenpeace climate lawsuit against Eni
Greenpeace Italy and ReCommon have appealed to Italy’s Supreme Court to expedite their climate lawsuit against oil giant Eni, arguing a dismissal would hinder future climate litigation in the country.
In short:
- The lawsuit alleges Eni has knowingly contributed to global warming since 1970.
- Plaintiffs argue that Italian courts have jurisdiction to decide on climate cases involving national and international emissions.
- A dismissal could prevent future climate lawsuits in Italy, contrasting with recent European Court of Human Rights rulings.
Key quote:
“The climate crisis fueled by fossil fuel companies is here. We have seen it with soaring temperatures, we see it with extreme weather events.”
— Simona Abbate, Greenpeace Italy
Why this matters:
This case challenges the accountability of fossil fuel companies for climate change and the role of national courts in addressing global environmental issues. The outcome could set a precedent for future climate litigation in Italy and beyond.
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Michigan to seek damages from oil companies for climate impacts
Michigan's Attorney General Dana Nessel is initiating a lawsuit against fossil fuel companies to recover losses due to climate change impacts, marking a significant legal move.
In short:
- Dana Nessel aims to hold oil companies financially accountable for their role in exacerbating climate change, which has affected Michigan's economy and lifestyle.
- The state plans to join other governments in litigation efforts, seeking to compensate for damages like severe weather and economic downturns.
- External legal teams are being solicited to support the extensive legal battle, with a potential to secure billions in damages.
Key quote:
"It’s long past time that we step up and hold the fossil fuel companies that are responsible for all these damages accountable."
— Dana Nessel, Michigan Attorney General
Why this matters:
This legal move mirrors a growing trend where states leverage the judicial system to address environmental and public health issues directly tied to climate change. By focusing on the fossil fuel industry, which has historically played a significant role in greenhouse gas emissions, Nessel aims to not only secure financial compensation for the state but also push for greater corporate accountability and transparency in environmental practices.
Also see:
- How the car and gas industry knew about the health risks of leaded fuel but sold it for 100 years anyway.
- Plaintiffs in the recently dismissed Held vs Montana argue: “We are entitled to a ‘clean and healthful’ environment. Montana’s policies are endangering that.”
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UK activist Trudi Warner's court battle ends in victory after a year
Trudi Warner, a retired social worker and climate activist in England, won a significant legal battle against government lawyers who sought to prosecute her for contempt of court during a jurors' rights protest.
In short:
- Warner was accused of contempt for a silent protest advocating jury independence in climate trials in April 2023.
- Her protest highlighted the historical right of juries to acquit based on conscience, echoing a famed case known as the Bushel case.
- Her case was dismissed, marking a victory for her and her supporters.
Key quote:
"I just felt that this was an abuse of power, a miscarriage of justice."
— Trudi Warner, English climate activist.
Why this matters:
Trudi Warner's court battle is significant not just for the outcome itself but for its broader implications within the environmental activism community. As Warner faced legal challenges due to her climate activism, her experience underlines the risks that activists face in their endeavors.
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Fossil fuel firms face potential homicide charges over climate deceit
As climate activists label climate change not as a tragedy but a crime, there's a growing call to prosecute fossil fuel companies for homicide, citing their deep knowledge of—and deceit about—the catastrophic impacts of their products on global warming.
Aaron Regunberg and David Arkush report for The New Republic.
In short:
- Fossil fuel giants have knowingly contributed to climate change while misleading the public and are now facing lawsuits and calls for criminal prosecution.
- Legal strategies are shifting towards treating their actions as criminal, with charges like fraud and homicide being considered due to their significant impact on global warming.
- Civil litigation remains crucial, but criminal law offers a unique avenue to enforce moral and societal norms, pushing for substantial corporate reform.
Why this matters:
The battle against fossil fuel companies transcends legal realms into moral and ethical grounds. It represents a pivotal moment in addressing climate change, aiming to correct systemic injustices and push for meaningful environmental policy changes. This approach not only seeks to mitigate future damage but also redefines corporate responsibility in the age of climate awareness.
Be sure to read Cami Ferrell’s newest article: Fossil fuel combustion and plastic production has increased more than 15 times since the 1950s and resulting exposure is linked to rising rates of cancer, neurodevelopmental issues and infertility.
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