Climate Liability Lawsuit Decision in Rhode Island a 'Welcome Sign' for Those Seeking Damages
By Jessica Corbett
In what one advocate called a "big win" for climate liability litigation, a federal judge on Monday remanded Rhode Island's lawsuit targeting 21 fossil fuel giants to state court, where the oil and gas companies are more likely to be forced to pay for their significant contributions to the global climate crisis.
Last July, Rhode Island became the first state in the country to file suit against dirty energy companies — including BP, Chevron, ExxonMobil and Shell — seeking to hold them accountable for knowingly contributing to a climate emergency that is "causing catastrophic consequences to Rhode Island, our economy, our communities, our residents, our ecosystems."
The Ocean State accused fossil fuel producers of "externalizing the responsibility" for the consequences of the human-caused crisis — such as sea level rise, drought, extreme precipitation, and heatwaves, and the damage those events cause — by expecting taxpayers to foot the bill.
The case was filed in state court. In response, the fossil fuel industry employed a strategy of trying to move climate liability suits filed by municipalities or states to federal court, where the companies are more likely to win — in part because of differences in case law.
This is huge — fossil fuel companies’ strategy in climate liability suits has been to try to move state claims to federal court, where they have a better shot of winning. One by one most are being remanded back to state court https://t.co/AsziHqIsS6— Amy Westervelt (@amywestervelt) July 22, 2019
A fed judge sent Rhode Island's climate lawsuit against Big Oil to state court.— Nicholas Kusnetz (@nkus) July 22, 2019
It's a significant, if incremental, victory for the state as it tries to have polluters help pay the costs of adaptation.
Here's the order: https://t.co/Y6EaIgYrit
Judge William Smith of the U.S. District Court for the District of Rhode Island delivered a blow to the industry's strategy in his Monday ruling. Smith wrote that "because there is no federal jurisdiction under the various statutes and doctrines adverted to by defendants, the court grants the state's motion to remand."
"Climate change is expensive, and the state wants help paying for it," the judge wrote. He also pointed out that the defendants, collectively, "have extracted, advertised, and sold a substantial percentage of the fossil fuels burned globally since the 1960s."
"This activity has released an immense amount of greenhouse gas into the Earth's atmosphere, changing its climate and leading to all kinds of displacement, death (extinctions, even), and destruction," he continued. "What is more, defendants understood the consequences of their activity decades ago, when transitioning from fossil fuels to renewable sources of energy would have saved a world of trouble."
"But instead of sounding the alarm, defendants went out of their way to becloud the emerging scientific consensus and further delay changes — however existentially necessary — that would in any way interfere with their multi-billion-dollar profits," Smith added. "All while quietly readying their capital for the coming fallout."
Ann Carlson — an environmental law professor at UCLA's Emmett Institute on Climate Change and the Environment who has done pro-bono consulting for municipality cases — explained to Climate Liability News that "the district court's decision to send Rhode Island's case back to state court is important because what the oil companies are really after is dismissal of the case under federal law."
According to Carson, "They want a big substantive outcome — to get rid of the case altogether."
Rhode Island Democratic Attorney General Peter Neronha, who took over the state lawsuit filed by his predecessor, welcomed the judge's ruling. He said in a statement that "as the federal court recognized, the state's lawsuit contains no federal question or cause of action, rather, contains only state law causes of action regarding damage to Rhode Island's resources that are better suited to resolution in the state courts."
This is a big win for Rhode Island - and communities across the US with similar lawsuits. Fossil fuel companies lied about #climate change for decades & now argue that taxpayers should foot the bill. It's time to #MakePollutersPay https://t.co/JSASxYOwUN— Natalie Hurd (@Nat_Hurd) July 23, 2019
Smith's decision was also celebrated by Richard Wiles, executive director of the Center for Climate Integrity, who told The Hill that "this is more bad news for Exxon and a welcome sign for taxpayers and local governments seeking just compensation for climate damages oil and gas companies knowingly caused."
"Big oil and gas producers are desperate to stay out of state courts where tobacco lost and and opioid manufacturers are on the ropes," said Wiles. "But now a third federal district court has ruled that state courts are where climate liability cases belong."
Summarizing the other two wins Wiles referenced, Climate Liability News reported that "a federal judge in Maryland recently remanded Baltimore's suit to state court and a group of California communities won a decision by U.S. District Court Judge Vince Chhabria that their cases belong in state court, a decision under appeal to the Ninth Circuit."
Reposted with permission from our media associate Common Dreams.
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Where Does the Deficiency Begin?<p>Nobody knows exactly how much vitamin D a person actually needs. The question of when a deficiency starts is correspondingly controversial. However, vitamin D is becoming increasingly popular.Not only is the pseudo-scientific literature on the "sun vitamin" experiencing an upswing, but the number of published studies has also increased enormously in recent years. For example, in 2019 <a href="https://academic.oup.com/edrv/article/40/4/1109/5126915" target="_blank">a study found that</a> Vitamin D is responsible for keeping the skeleton functional and is associated with cardiovascular diseases, type 2 diabetes and various types of cancer. <br></p>
An All-Rounder<p>Vitamin D levels in the body rise and fall according to sun exposure. If sufficient UV rays reach the skin, the body is able to produce the vitamin itself. However, the human body only derives an estimated 10 to 20 percent of its daily requirement from food.</p><p>The vitamin D that we synthesize from sunlight or food is not biologically active at first. Before the kidneys can produce the biologically active form of the vitamin, known as calcitriol, and release it into the blood, some metabolic processes must take place beforehand.</p><p>In addition, many organs have receptors to which the precursor of calcitriol binds. Further, this substance is also present in blood.</p><p>From this precursor, the organs then produce calcitriol themselves, which the body then uses for countless other processes in the body. This form of vitamin D thus regulates insulin secretion, inhibits tumor growth, and promotes the formation of red blood cells as well as the survival and activity of macrophages, which are important for the <a href="https://www.mdpi.com/2072-6643/5/7/2502/htm" target="_blank">immune system.</a></p>
Low Vitamin D, Severe COVID-19 Disease?<p>A research study carried out <a href="https://www.sciencedirect.com/science/article/pii/S2352364620300067?via%3Dihub" target="_blank">at the University of Hohenheim</a> has now established a link between vitamin D deficiency, certain previous diseases, and severe cases of COVID-19.</p><p>According to the study, "there is a lot of evidence that several non-communicable diseases (high blood pressure, diabetes, cardiovascular diseases, metabolic syndrome) are associated with low vitamin D plasma levels. These comorbidities, together with the often accompanying vitamin D deficiency, increase the risk of severe COVID-19 events."</p><p>"This statement is completely correct," said Martin Fassnacht, head of endocrinology at the University Hospital of Würzburg. However, he qualifies that it is a pure association, "i.e. a mere observation that these events occur together.</p><p>Dr. Fassnacht is very critical of the hype surrounding vitamin D, but not because he denies the vitamin serves important functions. However, studies on humans have not been able to show that vitamin D has the healing powers many often propagate.</p><p>Fassnacht says, "If you take a closer look, the hopes that the administration of vitamin D has a healing effect have not been confirmed so far."</p>
Association Versus Intervention Studies<p>Many studies on the vitamin are association or observational studies. "By definition, these studies cannot prove the causal relationship, but only point to mere correlations," said Fassnacht. The physician tries to illustrate this with an example:</p><p>"Imagine two groups of 80-year-olds. One group is spry, active and does sports. If you compare them with another group living in nursing homes, the difference in vitamin D levels will be dramatic. Life expectancy would also be extremely different."</p><p>But to try to explain the difference in fitness by vitamin D status alone is far too simplistic. "Vitamin D levels are a good measure of how sick someone is. But not more," says Fassnacht. </p><p>According to Fassnacht, none of the intervention studies carried out to date -- that specifically examined the effect of vitamin D on various diseases -- has been able to confirm the previous association and laboratory studies or the presumed positive effect of vitamin D.</p>
Further Research Is Needed<p>"If a coronavirus infection is suspected, it is therefore absolutely necessary to check the vitamin D status and quickly correct any possible deficit," said the recommendation of the paper published by the University of Hohenheim.</p><p>"Studies are underway to see whether vitamin D helps in COVID-19 infection, but I personally do not believe that this is really the case," says endocrinologist Fassnacht. Nevertheless, he says it is of course useful to carry out these studies.<br></p><p>"I don't want to rule out that there are actually subgroups of people who benefit from an additional vitamin D dose," he says. After all, this has been proven to be the case with a severe deficit.</p><p>In view of the study situation, Fassnacht does not think much of preventive, nationwide vitamin D substitutes. "My belief that the vitamin helps somewhere is very low. But, of course, I can be wrong."</p>
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