Hundreds of thousands of Americans, from the southern California surf town of Imperial Beach to the rowhouse-lined blocks of Baltimore, are banding together to bring lawsuits against several dozen of the most powerful and wealthy corporations in the world. What do these residents and those from various coastal cities; the state of Rhode Island; Boulder, Colorado; and members of the West Coast's largest commercial fishing trade organization have in common?
All of these communities and businesses have been harmed – and are likely to experience future harms – as a result of global climate change, attributed to decades of production, promotion, and disinformation by multinational fossil fuel corporations. Government and business leaders are suing to hold these fossil fuel producers accountable, seeking compensation and other forms of redress, in state courts using tort law.
While residents may all suffer some harm from increased flooding driven by more intense rainfall or sea-level rise, many also recognize that there is a social equity dimension attached to the harm from the climate crisis. For example, the link between historic redlining and disinvestment in low-income neighborhoods and communities of color contributes to an increased risk of harm from extreme heat and air pollution. Local governments suing on behalf of their residents are also working to deliver the policies and programs necessary to protect their most vulnerable populations.
Last week, we hosted the third installment of our climate justice webinar series. The webinar focused on the growing climate tort litigation movement, explored why litigants are bringing these suits, and discussed where we may see additional litigation in the next several years.
CPR Member Scholars Karen Sokol and Alexandra Klass discussed a number of cases, including a recent decision in the U.S. Court of Appeals for the Fourth Circuit that sent Baltimore's case back to state court. Along with a new filing by conservation organizations against "Big Plastic," these lawsuits illustrate that the state tort movement against the fossil fuel industry is likely to broaden and evolve.
Noah Oppenheim, executive director of Pacific Coast Federation of Fishermen's Association, told the story of how "the Blob," an abnormal area of warm water in the Pacific Ocean, led to persistent fishery closures, lost revenues, and a lawsuit against Chevron and other oil and gas companies that have contributed to the climate crisis. He also described how the goals of his organization's lawsuit and the objectives of his members diverge from other movements of climate litigation.
Sokol, a professor at Loyola University—New Orleans College of Law, situated the state climate tort movement within the history and present-day landscape of domestic and international climate litigation. She also discussed how pending state climate lawsuits could impact or be impacted by the fate of other notable climate suits, such as the federal lawsuit by youth plaintiffs in Juliana v. United States.
Klass, a professor at the University of Minnesota Law School, described the barriers, opportunities, and likely future developments in state climate tort litigation brought by jurisdictions in the Midwest that have suffered substantially from climate-linked flooding, drought, and other impacts. Klass also drew parallels with other movements in state tort litigation against manufacturers and distributors of tobacco and opioids.
To hear more directly from our panelists, you can watch our webinar on YouTube or down below. For even more analysis of state climate torts and CPR's policy recommendations, read our recent report, Climate Justice: State Courts and the Fight for Equity.
For more on climate justice, please watch for information on our next webinar in the series, which is coming soon. You can also watch the first two installments in our climate justice series, and you can take a peek at CPR webinars on a variety of other topics on our website.
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David Flores | April 1, 2020
Hundreds of thousands of Americans, from the southern California surf town of Imperial Beach to the rowhouse-lined blocks of Baltimore, are banding together to bring lawsuits against several dozen of the most powerful and wealthy corporations in the world. In March, 2020, CPR hosted the third installment of its climate justice webinar series. The webinar focused on the growing climate tort litigation movement, explored why litigants are bringing these suits, and discussed where we may see additional litigation in the next several years.
Brian Gumm | March 31, 2020
On March 27, the Center for Progressive Reform joined environmental justice, public health, and community advocates in calling out the U.S. Environmental Protection Agency (EPA) for suspending enforcement of our nation's crucial environmental laws. The agency made the move as part of the Trump administration's response to the coronavirus pandemic, despite mounting evidence that increased air pollution worsens COVID-19, the disease the virus causes.
Daniel Farber | March 30, 2020
It's a truism among disaster experts that people who were disadvantaged before a disaster are also the most vulnerable during the disaster. There are aspects of the coronavirus pandemic that fit this mold. Here are some of the disparities we can expect to see.
Daniel Farber | March 26, 2020
The Trump administration's major deregulatory efforts share a common theme. They assiduously avoid having to rely on scientific or economic evidence. Confronting that evidence is time-consuming and difficult, particularly when it often comes out the other way. Instead, the administration has come up with clever strategies to shut out the evidence.
Liz Fisher, Sidney A. Shapiro | March 25, 2020
Whatever one's political views, the end goal regarding the coronavirus (COVID-19) is the same – to minimize the number of people dying and suffering from severe disease. As commentators have repeatedly noted, we need genuine expertise for that. Beyond involving scientists and physicians in decision-making, there are three steps in determining what that expertise should look like and how we tap into it most effectively.
Darya Minovi | March 24, 2020
As the coronavirus (COVID-19) continues to spread around the globe, the inequalities in American society have come into even sharper relief. People with low incomes who are unable to work from home risk being exposed to the virus at work or losing their jobs altogether. Their children may no longer have access to free or reduced-price meals at school. They are also less likely to have health insurance, receive new drugs, or have access to primary or specialty care, putting them at a greater risk of succumbing to the illness. As with any shock to the system – natural disaster, conflict, and now a pandemic – vulnerable populations are hit hardest and have a harder time bouncing back.
Katie Tracy | March 23, 2020
In a previous post, Katie Tracy explored five essential elements of an effective response to the coronavirus (COVID-19) pandemic. They included closure of all nonessential businesses, paid sick leave and family medical leave, health and safety standards for infectious diseases, hazard pay, and workers' compensation. Here are five more things we need to protect workers and our economy from the crisis.
Katie Tracy | March 23, 2020
As the coronavirus (COVID-19) sweeps the planet, it threatens billions of people and all but promises a global economic recession of uncertain magnitude. As I'm sure you are, I’m deeply concerned about what this means for my family, my neighbors, and my broader community.
James Goodwin | March 19, 2020
Earlier this week, a group of 25 Center for Progressive Reform (CPR) Board Members, Member Scholars, and staff signed a joint letter urging Russell Vought, Acting Director of the White House Office of Management and Budget (OMB), to direct federal agencies to hold open active public comment periods for pending rulemakings amid the COVID-19 pandemic. The letter further urges Vought to extend comment periods for at least 30 days beyond the end of the crisis.