After a long slog, climate change lawsuits will finally put Big Oil on trial

“Having California in the mix could meaningfully alter the course of climate litigation,” said Hannah Wiseman, a professor of law at Penn State University’s College of Earth and Mineral Sciences. “They have the resources for this type of litigation that other states have been working to amass.”

Neither Newsom’s office nor Democratic Attorney General Rob Bonta’s office granted interview requests.

New York City, which filed its own lawsuit in 2021, is among the cases to cite laws that penalize deceptive advertising. New York argues “greenwashing” ads from oil companies portray them as climate leaders even as they continue to increase fossil fuel production.

“Part of the relief we are seeking is to stop the defendants from making false and misleading statements to New York City consumers,” said Hilary Meltzer, chief of the city’s environmental law division. The suit also seeks financial penalties.

Meanwhile, a pair of tribal nations in Washington state filed lawsuits late last year, citing the costs of moving to higher ground as rising sea levels threaten their communities. Environmental advocates say the entry of tribes — many of which are facing the worst effects of climate change — is a welcome development in the legal fight.

The Washington cases, brought by the Makah and Shoalwater Bay tribes, are among those seeking damages for specific harms. Another, filed by Multnomah County, Oregon, cites the deadly 2021 “heat dome” event that brought record temperatures to the region. And a pair of cases brought by Puerto Rico municipalities seek damages for the 2017 hurricane season.

So far, the climate cases have been brought by governments with Democratic leaders, as Republican officials remain largely hostile to climate action and more friendly to fossil fuel interests. Advocates say that political dynamic means such lawsuits will likely be limited to blue states for the near future. But they noted that red states are also in the path of climate disasters.

“Money talks,” said Wiles, with the climate group. “If New Jersey has a multibillion-dollar decision against Big Oil, why wouldn’t North Carolina say, ‘Damn!’?”