Summer just kicked off last month, and already, it seems that a whopping 96% of the US population is grappling with at least one form of extreme weather. This “dangerous season,” as it’s being called, often brings high temperatures and conditions that can lead to significant harm.
On another front, last month, Kansas Attorney General Chris Kobach testified at a Senate Judiciary Committee hearing. He urged the lawmakers to consider rewriting the Clean Air Act, which would, in effect, hinder efforts to regulate fossil fuel emissions.
Kobach has also teamed up with a coalition of 16 state attorneys general, sending a letter to U.S. Attorney General Pam Bondy. This letter requests that the Department make fossil fuel companies exempt from accountability regarding intentional climate misrepresentations and the escalating climate crisis.
All the signers are part of the Republican Prosecutors’ General Association and also linked to the American Petroleum Institute, which has been prominently featured among the top donors.
Such attempts to grant national immunity raise eyebrows, showing how far some officials will go to sidestep community concerns. Recently, numerous climate lawsuits have been initiated across the US, as these legal actions have become a vital avenue for holding the fossil fuel sector to account.
In my role as the Climate Accountability Campaign Director for the Coalition of Scientists of Concern, I’ve been delving into what we’ve termed Big Oil’s “Decades of Deception,” which was the title of our recent report.
Remarkably, one in four Americans now reside in areas—be it a city, state, or tribal region—where legal action is being taken against fossil fuel companies for climate fraud and misinformation. These cases challenge the very business model of the fossil fuel industry, which could explain why they’re trying to undermine the legal system to escape liability.
This isn’t the first instance we’ve seen of fossil fuel companies seeking legal immunity, but the context feels different this time, especially with the heightened influence they seem to wield in Congress and the White House, alongside a growing number of assertive climate accountability lawsuits nationwide.
A recent Presidential Order from Trump, alongside actions from the Department of Justice, indicates a troubling trend—attempts to mitigate the power of states and municipalities to address the climate crisis. They are actively pursuing litigation aimed at halting climate lawsuits and rolling back certain environmental regulations in four states.
Our “Decades of Deception” report emphasizes why fossil fuel firms are so wary of facing legal consequences, employing procedural tactics to prolong these cases for extended periods.
The report paints a grim picture of corporate misconduct while underscoring the necessity for Congress and the Trump administration to respect state-level policy choices and uphold access to justice in state courts for those suffering from the fossil fuel industry’s wrongdoings.
Numerous lawsuits reference analyses that assert companies like ExxonMobil, Shell, BP, and Chevron are liable for climate misinformation and its consequent damages.
Robust evidence documented in our report illustrates the extent to which major fossil fuel firms have misled the public, sowing seeds of doubt about scientific findings, and delaying essential climate action—all while making hefty profits at the expense of the public.
Back in the early 1980s, these companies were well aware of the potentially catastrophic impacts of climate change. They had a clear understanding of the risks their products posed to both people and the planet.
For instance, a confidential Shell report from 1988 warned, “It may be too late for effective measures to be taken or the situation to stabilize before global warming can be detected.”
Yet, instead of adapting their strategies, these companies continued to craft, fund, and engage in calculated disinformation campaigns. In 2021, Keith McCoy, a former senior director of government affairs for ExxonMobil, disclosed that the company was “fighting aggressively” against climate science using various fronts.
Now, as individuals and communities seek accountability, the industry appears desperate for a way out.
Big Oil isn’t eager to see this troubling evidence introduced in court, which explains why they’re seeking assistance from sympathetic legal authorities in certain states. They’re looking to create alternative routes for their allies, even at the cost of undermining access to the judiciary.
Our findings suggest that trusting these companies to act ethically is unwise. Just as the US needs laws to protect public health, businesses must be held accountable when they intentionally cause harm.
Considering the concerning regressions from the Trump administration and the insufficient climate actions from Congress, the court system is becoming an increasingly critical avenue for communities aiming to seek redress for damages caused by climate disinformation.
It’s vital that our elected officials resist these liability exemptions, ensuring both national and community rights are upheld—holding polluters accountable for their actions.
