The Climate Docket

Fossil Fuel Companies Don’t Cause Emissions, Exxon Tells Colorado Court

Filed Under: Colorado Lawsuit, Liability Litigation

By Karen Savage

The production and promotion of fossil fuels don’t cause climate change, an attorney for ExxonMobil claimed during a hearing held before a Colorado state court judge on Monday.

“The climate change effects of which the plaintiffs complain are caused by emissions. Not by production, not by promotion,” Exxon attorney Daniel Toal said in arguing for dismissal of a lawsuit filed against it and Suncor Energy by the counties of Boulder and San Miguel and the city of Boulder. The suit, filed in state court in 2018, alleges that companies knew for decades that their products contributed to climate change, but deliberately deceived the public about that risk and violated the Colorado Consumer Protection Act with their deceptive practices.

The municipalities contend the suit is not about regulating emissions.

“This case is about getting parties who are responsible to pay their fair share instead of foisting those costs onto local taxpayers,” argued Richard Herz, an attorney with EarthRights International, which is representing the plaintiffs.

In his arguments, Toal did not explain how greenhouse gas emissions, which are caused by the burning of fossil fuel products, could happen if not for the production, sales and promotion of oil and gas by Exxon and other companies.

The arguments were part of a lengthy hearing held remotely by Boulder District Judge Judith LaBuda on Monday to deal with motions filed by Exxon, Suncor Energy USA, Suncor Energy Inc. and Suncor Energy Sales. 

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Shareholders Fail to Change Big Oil’s Climate Stance

Filed Under: Latest News

By Karen Savage

The Covid-19 crisis moved oil companies’ annual meetings online this year, but that didn’t prevent shareholders from pushing companies to address climate change. Here’s a quick look at how some of 2020’s climate change-related proposals fared:

BP shareholders withdrew a resolution asking the company to disclose how it plans to reduce emissions in order to align with the Paris Agreement. That came after the company agreed to work with investors to draft and submit a similar proposal to be voted on in 2021.

Chevron shareholders passed a resolution asking the company to disclose its local, state and federal lobbying activities and expenses. The proposal included indirect lobbying through trade associations as well as payments made to tax-exempt organizations that write or endorse legislation.

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Climate Liability Suits: The Trend to State Courts Gains Momentum

Filed Under: Baltimore Lawsuit, California Climate Lawsuits, Colorado Lawsuit, Liability Litigation, Mass. v. Exxon, New York City Lawsuit, Rhode Island Lawsuit

By Karen Savage

Baltimore, increasingly ravaged by climate impacts such as flooding, is one of more than a dozen communities suing oil companies over those impacts. Photo credit: Tim Windsor via Flickr

Despite the Covid-19 crisis that has slowed court proceedings, municipalities across the country that are seeking to hold fossil fuel companies accountable for climate damages have scored big legal victories in recent months. 

Amid the pandemic, two separate appellate courts ruled two sets of these suits belong in state court, where the municipalities filed them, alleging the companies violated state laws and caused localized damage. The appeals courts said the suits filed by Baltimore and by six California communities against several fossil fuel companies, including Exxon, Chevron and Shell, should be considered under state laws, rejecting arguments by the companies that they belong in federal court. The industry has aggressively fought to move the cases there, where they believe they will be more easily dismissed.

The Ninth Circuit Court of Appeals also helped this trend by overturning a U.S. District Court judge’s dismissal of cases filed by Oakland and San Francisco against Exxon, Chevron, Shell, BP, and ConocoPhillips.

Cases filed by Rhode Island against many of the same companies, as well as a case filed by several Colorado communities against Exxon and Suncor have been allowed to proceed in their respective state courts while the companies continue to press their appeals to push them to federal court. 

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