March 15, 2018-
A major front in the climate change debate has moved to the courtroom, as I’ve previously discussed. Last week, plaintiffs in two separate cases won significant procedural victories—one against major fossil fuel companies, and a second against the Trump administration. Here are the latest developments and their implications. In this suit, The People of the State of California v. BP et al., the cities of San Francisco and Oakland sued five major oil companies (BP, ExxonMobil, Chevron, Conoco Phillips and Shell), charging that these companies created a public nuisance by extracting and selling oil, coal and gas while misleading the public about the harms that these products cause.
The two cities filed in state court and under state law. This was an important strategic choice, as the U.S. Supreme Court and the Ninth Circuit Court of Appeals (which covers California) had dismissed prior cases brought in federal court, holding that congress enacted the Clean Air Act to comprehensively address the emission of greenhouse gases, and that therefore there was no role for federal lawsuits of this kind.