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Donald Trump is It promised to deregulate the energy sector, increase fossil fuels, dismantle environmental rules and attack climate change. But experts and advocates say there is still “a clear way forward” for lawsuits aimed at holding the fossil fuel sector accountable for deceiving the public about the climate crisis.
“The overwhelming evidence of industry lies and ongoing fraud does not change with each administration,” said Richard Wiles, president of the nonprofit Center for Climate Integrity, which tracks and supports litigation. Across the U.S., there are more than 30 ongoing liability lawsuits filed by state and local governments accusing fossil fuel companies of concealing the climate risks of their products or demanding compensation for the impacts. “The path forward for climate deception litigation against Big Oil is clear, regardless of who is in the White House.”
During his campaign, Trump pledged to “stop the wave of frivolous lawsuits from environmental extremists.”
“Trump’s most significant impact on climate liability litigation will be on the judges he appoints to the Supreme Court.”
But the administration’s ability to block lawsuits will be limited, Wiles said.
Because the federal government is neither the plaintiff nor the defendant in the lawsuit, Trump’s election has no direct impact on the outcome of the lawsuit. And because each case is filed in state court, the president cannot appoint a judge to oversee the case.
But if any of the cases are sent to federal court — something oil companies have long sought but have yet to accomplish — Trump’s right-wing appointees could rule in favor of fossil fuel companies.
“The most important impact Trump will have on climate liability litigation is the judges he appoints to the Supreme Court,” said Michael Gerrard, a professor at Columbia University’s Sabin Center for Climate Change Law.
Trump appointed three justices to the high court during his first term, including two with ties to the fossil fuel industry. In early December, Joe Biden’s deputy attorney general urged the Supreme Court to deny a request by fossil fuel interests to dismiss two climate liability lawsuits after the court asked the administration to intervene in July.
Experts say President Trump’s White House could try to change policy politically to favor oil companies. “The federal government’s views tend to have a big impact on the Supreme Court,” said Daniel Faber, director of the University of California, Berkeley Law Center. “If President Trump does that, it will give the oil companies a little bit of power.” , Energy and Environment.
But that doesn’t guarantee the court will agree with the administration, he said. “The court will not always hear the government’s view and it will depend on how persuasively they have been able to make their case,” Farber said.
Gerrard said Trump’s Justice Department may file an influential “friend of the court” brief in the case. The Biden administration submitted a brief supporting the plaintiffs last year, while President Trump previously The administration has steadfastly supported the defendants and is expected to continue to do so.
This may have a significant impact on the outcome of the case, but likewise does not guarantee the outcome.
Another possibility that advocates are preparing is that Trump could work with Republican majorities in both houses of Congress to try to give the fossil fuel industry legal immunity from lawsuits.
But such a measure is unlikely to succeed even with Republicans’ three goals, Farber said. “It takes 60 votes to break the Senate filibuster, which means we need to elect seven Democrats to the Senate,” he said. “I didn’t see that happening.”
The gun industry successfully won liability immunity in 2005, successfully blocking most attempts to hold it accountable for violence. Fossil fuel companies have tried to get the same treatment, but have so far failed.
The Trump administration’s promises to roll back environmental regulations and increase fossil fuels could trigger additional climate liability lawsuits. “If you feel like other channels for change are blocked, perhaps legal channels are more appealing,” Farber said.
Climate Liability Litigation Filings from cities and states have gained momentum in recent months. Last December, a North Carolina town launched the nation’s first climate liability lawsuit against a power company. Last November, the state of Maine filed a lawsuit against big oil companies, and a Kansas county filed suit alleging that major fossil fuel producers engaged in a “decades-long campaign of fraud and deception regarding the recyclability of plastics.”
Even amid the environmental degradation predicted by President Trump, the lawsuit is “a way to secure some measure of justice and accountability for Big Oil’s climate lies and the damage they have caused,” Wiles said.
