Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Climate Liability Lawsuit Decision in Rhode Island a 'Welcome Sign' for Those Seeking Damages

Insights + Opinion
Pawtuxett River flooding on March 30, 2010 in Warwick, Rhode Island. National Guard troops were activated in Massachusetts and Rhode Island where a state of emergency was declared. Darren McCollester / Getty Images

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.

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."

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.

EcoWatch Daily Newsletter

Dr. Mark Brunswick (2R), Vice President of Regulatory Affairs and Quality, walks through the lab at Sorrento Therapeutics in San Diego, California on May 22. ARIANA DREHSLER / AFP / Getty Images

By Julia Ries

Around the world, there have been several cases of people recovering from COVID-19 only to later test positive again and appear to have another infection.

Read More Show Less

By Samantha Hepburn

In the expansion of its iron ore mine in Western Pilbara, Rio Tinto blasted the Juukan Gorge 1 and 2 — Aboriginal rock shelters dating back 46,000 years. These sites had deep historical and cultural significance.

Read More Show Less
Meadow Lake wind farm in Indiana. Anthony / CC BY-ND 2.0

By Tara Lohan

The first official tallies are in: Coronavirus-related shutdowns helped slash daily global emissions of carbon dioxide by 14 percent in April. But the drop won't last, and experts estimate that annual emissions of the greenhouse gas are likely to fall only about 7 percent this year.

Read More Show Less
Andrey Nikitin / iStock / Getty Images Plus

By Adrienne Santos-Longhurst

Plants are awesome. They brighten up your space and give you a living thing you can talk to when there are no humans in sight.

Turns out, having enough of the right plants can also add moisture (aka humidify) indoor air, which can have a ton of health benefits.

Read More Show Less
A bald eagle chick inside a nest in Rutland, Massachusetts. Massachusetts Division of Fisheries and Wildlife
A bald eagle nest with eggs has been discovered in Cape Cod for the first time in 115 years, according to the Massachusetts Division of Fisheries and Wildlife (Mass Wildlife), as Newsweek reported.
Read More Show Less
The office of Rover.com sits empty with employees working from home due to the coronavirus pandemic on March 12 in Seattle, Washington. John Moore / Getty Images

The office may never look the same again. And the investment it will take to protect employees may force many companies to go completely remote. That's after the Centers for Disease Control and Prevention (CDC) issued new recommendations for how workers can return to the office safely.

Read More Show Less

Trending

Frederic Edwin Church's The Icebergs reveal their danger as a crush vessel is in the foreground of an iceberg strewn sea, 1860. Buyenlarge / Getty Images

Scientists and art historians are studying art for signs of climate change and to better understand the ways Western culture's relationship to nature has been altered by it, according to the BBC.

Read More Show Less