Charleston, SC Becomes First City in U.S. South to Sue Big Oil for Climate Costs

The city of Charleston, South Carolina made history Wednesday when it became the first in the U.S. South to sue the fossil fuel industry for damages caused by the climate crisis.
The city sued 24 oil and pipeline companies, including major players like ExxonMobil, Chevron, BP and Royal Dutch Shell, The Post and Courier reported. The lawsuit contends that the companies knew that their products were heating the global climate but denied the fact in public. It further seeks to charge them for the costs of protecting Charleston from increased flooding and extreme weather events.
"As this lawsuit shows, these companies have known for more than 50 years that their products were going to cause the worst flooding the world has seen since Noah built the Ark," Charleston Mayor John Tecklenburg said during a press conference announcing the suit, as Live 5 News reported. "And instead of warning us, they covered up the truth and turned our flooding problems into their profits. That was wrong, and this lawsuit is all about holding them accountable for that multi-decade campaign of deception."
Charleston, a low-lying city built on a peninsula between three rivers, is especially vulnerable to sea level rise, according to The Associated Press. In the last 50 years, the city has gone from seeing around four flood days a year to almost 89, the suit contends. In addition, the city will feel the impacts of extreme weather events like heat waves and hurricanes. The suit was filed days before the third anniversary of Hurricane Irma, which inundated Charleston with a nearly 10-foot storm surge, the third highest in the city's history.
Tecklenburg made his announcement in front of The Battery, where construction crews were working to lengthen an existing sea wall, The Post and Courier reported. The sea wall extension is the city's first project to adapt to rising sea levels. Others include building more than 8,000 feet of new flood drainage tunnels and installing check valves to prevent tidal water from entering the city's storm drain system, according to Live 5 News.
The city expects sea levels to rise two to three feet in the next 50 years and it predicts that adapting to these changes will cost $2 billion, according to The Post and Courier. However, the lawsuit is not asking for a particular amount from the companies, instead hoping a jury will decide what is fair.
Many of the companies named in the suit did not reply to requests for comments. Those that did said that lawsuits were not the right way to address the climate crisis.
"Legal proceedings like this waste millions of dollars of taxpayer money and do nothing to advance meaningful actions that reduce the risks of climate change," ExxonMobil spokesperson Casey Norton told The Associated Press.
Charleston is now the 21st U.S. community to disagree and file a lawsuit against big oil.
"With today's filing, Big Oil is facing climate lawsuits on both coasts, in the Northeast, the Midwest, the South, the Rocky Mountains, and even Hawaii," Center for Climate Integrity Executive Director Richard Wiles told The Post and Courier by email. "The public is ready to hold this corrupt industry accountable for causing and lying about climate change, and officials across the country are stepping up to take action."
Charleston's suit comes about a week after a similar lawsuit was filed by the city of Hoboken, New Jersey.
It was also followed one day later by another climate liability lawsuit from the state of Delaware Thursday.
🚨BREAKING: It's gonna be one of those weeks. Delaware is the latest state to announce another climate lawsuit again… https://t.co/0ljwUNZLqS— Jennifer Hijazi (@Jennifer Hijazi)1599753021.0
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The speed and scale of the response to COVID-19 by governments, businesses and individuals seems to provide hope that we can react to the climate change crisis in a similarly decisive manner - but history tells us that humans do not react to slow-moving and distant threats.
A Game of Jenga
<p>Think of it as a game of Jenga and the planet's climate system as the tower. For generations, we have been slowly removing blocks. But at some point, we will remove a pivotal block, such as the collapse of one of the major global ocean circulation systems, for example the Atlantic Meridional Overturning Circulation (AMOC), that will cause all or part of the global climate system to fall into a planetary emergency.</p><p>But worse still, it could cause runaway damage: Where the tipping points form a domino-like cascade, where breaching one triggers breaches of others, creating an unstoppable shift to a radically and swiftly changing climate.</p><p>One of the most concerning tipping points is mass methane release. Methane can be found in deep freeze storage within permafrost and at the bottom of the deepest oceans in the form of methane hydrates. But rising sea and air temperatures are beginning to thaw these stores of methane.</p><p>This would release a powerful greenhouse gas into the atmosphere, 30-times more potent than carbon dioxide as a global warming agent. This would drastically increase temperatures and rush us towards the breach of other tipping points.</p><p>This could include the acceleration of ice thaw on all three of the globe's large, land-based ice sheets – Greenland, West Antarctica and the Wilkes Basin in East Antarctica. The potential collapse of the West Antarctic ice sheet is seen as a key tipping point, as its loss could eventually <a href="https://science.sciencemag.org/content/324/5929/901" target="_blank">raise global sea levels by 3.3 meters</a> with important regional variations.</p><p>More than that, we would be on the irreversible path to full land-ice melt, causing sea levels to rise by up to 30 meters, roughly at the rate of two meters per century, or maybe faster. Just look at the raised beaches around the world, at the last high stand of global sea level, at the end of the Pleistocene period around 120,0000 years ago, to see the evidence of such a warm world, which was just 2°C warmer than the present day.</p>Cutting Off Circulation
<p>As well as devastating low-lying and coastal areas around the world, melting polar ice could set off another tipping point: a disablement to the AMOC.</p><p>This circulation system drives a northward flow of warm, salty water on the upper layers of the ocean from the tropics to the northeast Atlantic region, and a southward flow of cold water deep in the ocean.</p><p>The ocean conveyor belt has a major effect on the climate, seasonal cycles and temperature in western and northern Europe. It means the region is warmer than other areas of similar latitude.</p><p>But melting ice from the Greenland ice sheet could threaten the AMOC system. It would dilute the salty sea water in the north Atlantic, making the water lighter and less able or unable to sink. This would slow the engine that drives this ocean circulation.</p><p><a href="https://www.carbonbrief.org/atlantic-conveyor-belt-has-slowed-15-per-cent-since-mid-twentieth-century" target="_blank">Recent research</a> suggests the AMOC has already weakened by around 15% since the middle of the 20th century. If this continues, it could have a major impact on the climate of the northern hemisphere, but particularly Europe. It may even lead to the <a href="https://ore.exeter.ac.uk/repository/handle/10871/39731?show=full" target="_blank" rel="noopener noreferrer">cessation of arable farming</a> in the UK, for instance.</p><p>It may also reduce rainfall over the Amazon basin, impact the monsoon systems in Asia and, by bringing warm waters into the Southern Ocean, further destabilize ice in Antarctica and accelerate global sea level rise.</p>The Atlantic Meridional Overturning Circulation has a major effect on the climate. Praetorius (2018)
Is it Time to Declare a Climate Emergency?
<p>At what stage, and at what rise in global temperatures, will these tipping points be reached? No one is entirely sure. It may take centuries, millennia or it could be imminent.</p><p>But as COVID-19 taught us, we need to prepare for the expected. We were aware of the risk of a pandemic. We also knew that we were not sufficiently prepared. But we didn't act in a meaningful manner. Thankfully, we have been able to fast-track the production of vaccines to combat COVID-19. But there is no vaccine for climate change once we have passed these tipping points.</p><p><a href="https://www.weforum.org/reports/the-global-risks-report-2021" target="_blank">We need to act now on our climate</a>. Act like these tipping points are imminent. And stop thinking of climate change as a slow-moving, long-term threat that enables us to kick the problem down the road and let future generations deal with it. We must take immediate action to reduce global warming and fulfill our commitments to the <a href="https://www.ipcc.ch/sr15/" target="_blank" rel="noopener noreferrer">Paris Agreement</a>, and build resilience with these tipping points in mind.</p><p>We need to plan now to mitigate greenhouse gas emissions, but we also need to plan for the impacts, such as the ability to feed everyone on the planet, develop plans to manage flood risk, as well as manage the social and geopolitical impacts of human migrations that will be a consequence of fight or flight decisions.</p><p>Breaching these tipping points would be cataclysmic and potentially far more devastating than COVID-19. Some may not enjoy hearing these messages, or consider them to be in the realm of science fiction. But if it injects a sense of urgency to make us respond to climate change like we have done to the pandemic, then we must talk more about what has happened before and will happen again.</p><p>Otherwise we will continue playing Jenga with our planet. And ultimately, there will only be one loser – us.</p>By John R. Platt
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