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Communities in the U.S. are turning to the courts as climate costs rise

Eleven U.S. States, as well as dozens of counties and cities file lawsuits

Climate action lawsuits demand payment

Supreme Court declines to review key case

By Carey L Biron

The U.S. Supreme Court now has a tacit approval of legal efforts that allow local officials to use public nuisance laws or consumer protection laws to ask major oil and gas companies for funds to cover climate change related losses and upgrades.

Richard Wiles of the Center for Climate Integrity said that "the Supreme Court's ruling creates a path for communities and state to seek climate justice in state courts." The Center for Climate Integrity has supported such local options.

We expect more state and local governments to go to court as a result of the Los Angeles fire and the climate damage that has affected communities all over the country.

The Jan. 13 decision, which comes just days before President Trump returns to the White House offers an additional opportunity for local climate action in a time where federal attention on the issue has rapidly changed course.

Trump declared an "energy crisis" as one of his first acts. This could have allowed him to bypass certain environmental regulations, and accelerate approvals for oil production.

The court's decision was in response to a suit filed by officials from Honolulu in Hawaii. They claimed that oil companies knew about climate impacts but hid them for decades. This is now causing local governments problems such as flooding, eroding soil and water system concerns.

The Supreme Court refused to stop the process that had been started by a lower court. This disappointed oil industry groups.

In an email, Ryan Meyers, the general counsel of an industry group called American Petroleum Institute said that this coordinated campaign was a waste of taxpayers' resources and a distraction away from important issues.

The court system should not be involved in climate policy debates.

In addition to Honolulu's lawsuit, 11 states as well as dozens of counties and cities have filed suits either seeking damages for the adaptation efforts they have undertaken or claiming that oil companies have misled the public regarding their products and climate change.

As a result of this, our residents are facing the devastating effects of increasing storms and flooding, as well as rising costs for protecting our city's infrastructure.

Hoboken has filed a lawsuit for "climate accountability", which was added last year to a similar suit by the state.

'GAME CHANGER'

Locally led accountability suits have been made possible by scientific advancements that, according to their supporters, provide insight into the cause of a specific weather event - including its source - as well as whether climate change was responsible.

This "attribution" science is "a game changer for climate change", said Delta Merner. She leads the Science Hub for Climate Litigation, an organization of think tanks, at the Union of Concerned Scientists.

She said that advances in the last five years have helped researchers better understand how climate change is affecting human health, ecosystems, crop yields, and more.

Merner stated that the lawsuits were a powerful tool to help local communities. The new suits are seeking a precedent which could transform how corporate responsibility is addressed for climate change.

Merner stated that "these cases show the direct harm suffered by local communities."

We're localizing a climate approach that really translates into these global issues and helps us to see the tangible costs associated with climate change for local communities.

The legal strategy is still complex.

A state judge dismissed a New York City lawsuit claiming that major oil companies misled residents about climate change. This was just days after the Supreme Court ruling. A Maryland circuit judge dismissed a Baltimore case similar to this one last year.

Mark Miller, senior attorney at the Pacific Legal Foundation who filed a brief before the Supreme Court on the Honolulu Case, said that "Lawsuits such as this increase energy costs for Americans, when the majority of reasonable Americans are aware of the ongoing national power grid crises."

According to him and others, the federal government is responsible for the issue at hand rather than the local authorities.

"The energy grid crises, and whether local or state governments can worsen that crisis through lawsuits such as this one, or whether this policy-area is reserved for the federal government... rises to the status of a national question."

'LEGAL DUTIES TO PROTECT

Many local officials believe that the financial and other costs of climate changes are high, and will only get worse.

A heat wave in 2021 in the Pacific Northwest led to hundreds of deaths, both in Oregon and Washington. Multnomah County officials, including Portland, declared a climate crisis.

Roger Worthington, an lawyer with Worthington & Caron, said: "This heat dome incident caused death and injury. It stretched county resources and had a huge impact on productivity, infrastructure, and infrastructure - basically electrical wires melted."

Worthington has now led a lawsuit for the county, accusing oil companies, industry groups and consultancies, as well as a local gas company, of being responsible for the heat wave.

Worthington stated that "Multnomah County is legally obligated to protect the people of its county and their property."

The lawsuit seeks civil damages of $50,000,000 plus future damages of $1.5 billion, as well as an estimated $50 billion for upgrading infrastructure and health services.

Worthington stated that the county views the case as one of fairness.

(source: Reuters)