California Cities Sue Fossil Fuel Companies for Climate Change

Billions of dollars is what experts project California will be on the hook for due to climate change in the coming century if companies responsible for contributing to it do not kick in their fair share.

Projections for sea level changes could be disastrous for coastal properties and infrastructure in California. Estimates of two-  to three-foot rises in seal levels could result in $8-$10 billion of coastal land becoming submerged within the next 30 years or so. Increases in temperature will also impact the frequency and seriousness of wildfires; they will contribute to rising electricity costs, crop yields will suffer, and high temperatures will cause serious—even fatal—health conditions. Already, cities have experienced flooding, salt-water impacts on systems designed to treat water, and erosion. This is just the beginning, according to climatologists.

Legal Attacks

Some Californians believe that the culprits who are largely behind climate change are fossil fuel producers. Separate cases have been filed targeting Chevron, ExxonMobil, BP, ConocoPhillips and Royal Dutch Shell, claiming that 20% of carbon dioxide emissions are attributable to the industry. Moreover, the companies either knew, or should have known, that their work threatened the environment. Ergo, they should be held accountable for costs facing California communities as they adapt to the new normal of increased temperatures and all of the consequences thereof.

Basis of the California Cases

While previous claims by other states against fossil fuel companies and electric companies have been filed in federal court without success, California’s legal fights are taking place at the state level. Federal lawsuits were displaced with the explanation that the Environmental Protection Agency could take action on climate change. A state suit is a new idea.

Specifically, these cases assert tthat he plaintiffs have caused injury to cities and counties by contributing to weather-related disasters under the legal doctrine of “public nuisance.” It is essentially the same argument made previously by other states, but in a new venue. Marin County, Mateo County, and the City of Imperial Beach all have plenty to lose due to rising seas.  The San Francisco Airport is at risk of severe flooding, along with damages to $24 billion in additional assets. Building a seawall alone would cost upwards of $5 billion. Marin County has assessed a roughly $16 billion threat to businesses and homes, while Imperial Beach is looking at well over $100 million in costs to deal with coastal erosion and property damage.

Cities who filed suits stress that fossil fuel companies have enjoyed tremendous profits over the years. Now, instead of taking responsibility for the consequences, they are spending millions of dollars on disinformation campaigns designed to deflect the blame and discredit scientists.  Litigators are hoping to force these giants of industry to step up and pay some of the costs of doing business. How will the courts view the California fight? Only time will tell.

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Daniel Kalish

A graduate of Harvard College and Yale Law School, Mr. Kalish is an experienced trial lawyer who has tried more than thirty trials to jury verdict. Mr. Kalish’s practice focuses on complex trial work, and he represents employees in all aspects of employment litigation.

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