An open letter to State Governors & Legislatures

Oppose Legislation Shielding Fossil Fuel Companies from Climate Liability

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I’m writing to urge you to oppose any legislation in our state that would restrict the ability of communities and individuals to hold oil companies accountable for their role in the climate crisis. Recent proposals in Oklahoma and Utah state legislatures seek to preemptively block climate liability lawsuits, and similar efforts could emerge in our state. My guess is that these proposals will be a sort of boilerplate setup, so that other states with large fossil fuel interests can ‘buy’ immunity. See below. The Oklahoma bill would bar most civil lawsuits against oil companies related to climate change unless plaintiffs can prove violations of specific environmental or labor laws. This measure specifically blocks claims alleging fraud, misrepresentation, deception, failure to warn, or deceptive marketing, which are central elements of existing climate lawsuits. Utah's proposal similarly restricts emissions-based claims unless a court finds statutory violations. These bills are part of a coordinated national campaign, with 16 Republican state attorneys general urging federal liability shields and lobbying disclosures showing ConocoPhillips and the American Petroleum Institute pressing Congress on draft legislation to limit climate liability. More than 70 U.S. states, cities, and local governments have already sued major oil companies for allegedly misleading the public about climate risks. These lawsuits represent communities seeking compensation for climate-related damages and accountability for decades of alleged deception. Former Washington Governor Jay Inslee, a former trial attorney, called these legislative proposals "end-runs against accountability" and a "threat to democracy" that denies Americans their right to the jury system. Legal experts suggest such bills would face serious state constitutional challenges, but in light of the lawless nature of the current Trump regime, I wouldn’t count on that. Pat Parenteau of Vermont Law School noted that "this kind of blanket waiver of liability could raise serious state constitutional issues." We know our climate is being adversely affected by the burning of fossil fuels across the world. Advancements in attribution science can now link specific extreme weather events to climate change, strengthening the legal foundation for these cases. Here in our state, I urge you to swiftly protect the constitutional right of communities to seek justice through the courts and to oppose any legislation that would grant special immunity to fossil fuel companies. Our constituents deserve the ability to hold corporations accountable when they cause harm, which, right now, is nearly every day. Thank you.

▶ Created on January 15 by Mark

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