State Joins Climate Change Law Suit

SACRAMENTO – A coalition of 13 states, led by California, have filed an amicus brief in an east-coast court case against climate change. The group, led by California Attorney General Xavier Becerra, has filed the brief in support of a case initiated by the State of Rhode Island against a slate of the nation’s major oil companies.

In the case, the State of Rhode Island is seeking to hold the oil companies accountable for their actions contributing to climate change and the resulting harms from sea-level rise, changes to the hydrologic cycle, and increased air and ocean temperatures.

“Corporations promoted the use of fossil fuels that accelerate climate change and hurt our coastal states. We support Rhode Island’s action to hold Big Oil accountable for its role in causing our climate crisis and for the costs of cleaning up the damage,” said Attorney General Becerra. “For the sake of our communities’ and our children’s futures, we cannot let polluters off the hook.”

In its suit, Rhode Island alleges that the major fossil fuel producing companies knowingly contributed to climate change and failed to warn regulators and the public about the harms of fossil fuel use. Instead, the companies promoted ‘pseudo-scientific theories’ and questioned legitimate climate science in order to confuse the public and maintain their profits. The complaint argues that Big Oil should be liable for infrastructure-related damages resulting from their actions.

The case is currently before the United States Court of Appeals for the First Circuit, in Boston, Massachusetts, following an appeal by the oil companies of a lower court’s decision. In the amicus brief, the coalition asserts that the district court decision should be affirmed. The coalition argues that:

• States play an important role in addressing climate change and protecting human welfare, including providing a forum to decide cases related to climate change;

• The Clean Air Act recognizes states’ roles in reducing air pollution and does not indicate that the federal courts should have exclusive jurisdiction over cases involving climate change; and

• The defendants’ appeal to transfer the plaintiffs’ claims to federal court, knowing that similar claims have been displaced by Congress, could unjustly deny plaintiffs a remedy for harm.

California has filed similar briefs previously supporting local governments in their quest to hold oil companies accountable.

The attorneys general for Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont, and Washington joined California in the filing.

A copy of the full brief can be found at: https://oag.ca.gov/system/files/attachments/press-docs/20-01.02%20-%20MA%20%26%20Cal.%20Multistate%20Rhode%20Island%20Amicus%20%5Bfnl%5D.pdf