‘Game changing’: spate of US lawsuits calls big oil to account for climate crisis

Next week the first constitutional climate lawsuit goes to trial amid signs fossil fuel companies are facing accountability tests

Climate litigation in the US could be entering a “game changing” new phase, experts believe, with a spate of lawsuits around the country set to advance after a recent supreme court decision, and with legal teams preparing for a trailblazing trial in a youth-led court case beginning next week.

The number of cases focused on the climate crisis around the world has doubled since 2015, bringing the total number to over 2,000, according to a report last year led by European researchers.

The first constitutional climate lawsuit in the US goes to trial on Monday next week (12 June) in Helena, Montana, based on a legal challenge by 16 young plaintiffs, ranging in age from five to 22, against the state’s pro-fossil fuel policies.

A federal judge ruled last week that a federal constitutional climate lawsuit, also brought by youth, can go to trial.

More than two dozen US cities and states are suing big oil alleging the fossil fuel industry knew for decades about the dangers of burning coal, oil, and gas, and actively hid that information from consumers and investors.

The supreme court cleared the way for these cases to advance with rulings in April and May that denied oil companies’ bids to move the venue of such lawsuits from state courts to federal courts.

Hoboken, New Jersey, last month added racketeering charges against oil majors to its 2020 climate lawsuit, becoming the first case to employ the approach in a state court and following a federal lawsuit filed by Puerto Rico last November.