Climate lawsuits are spreading to fossil fuel states

From: POLITICO's Power Switch - Wednesday Nov 08,2023 11:02 pm
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By Lesley Clark

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In this photo made with a fisheye lens, on Thursday, March 12, 2020, work continues at a Seneca Resources shale gas well drilling site in St. Mary's, Pa.

Work continues at a Seneca Resources shale gas well drilling site in St. Mary’s, Pa., in March 2020. | Keith Srakocic/AP

Climate change activists are setting the stage for lawsuits against oil and gas companies in a pair of states with deep ties to the fossil fuel industry.

The Center for Climate Integrity, which seeks to make oil majors pay for the effects of global warming, is eyeing Pennsylvania and Ohio as potential new fronts.

Landing litigation in either state would be a major coup. Though an increasing number of local and state governments are seeking to hold the industry accountable, most lawsuits have been filed in states without a significant fossil fuel footprint.

A Rust Belt state lawsuit would carry bragging rights, “like a cherry on top,” said Richard Wiles, president of the Center for Climate Integrity.

The existing array of lawsuits are also mostly in blue states, such as Massachusetts and California. Pennsylvania and Ohio would mark the first swing-state litigation.

What’s at stake
The climate lawsuits have major hurdles to clear, but if successful, they could force the oil industry — like tobacco and opioid manufacturers before it — to pay hundreds of billions of dollars for putting the public at risk.

To say the industry is watching with alarm is an understatement. The center’s every move is being detailed — and dissected — on the website for Energy In Depth, a research and outreach campaign run by the Independent Petroleum Association of America.

“Maybe it will come to pass, maybe it won’t, but certainly vigilance is our watchword,” said David Taylor, the president and CEO of the Pennsylvania Manufacturers' Association, which says a lawsuit would threaten the state’s energy producers and its business sector.

Climate costs
The center has produced reports that estimate that Pennsylvania will need to spend nearly $1 billion a year to protect residents from extreme heat, rising seas, and heavy rain and snow. In Ohio, it says that cost is as much as $5.9 billion per year by midcentury.

Wiles argues that it’s unfair for taxpayers to pick up the entire tab and that companies that knew their products would cause climate change should chip in. Several elected officials in Pennsylvania echoed that argument.

“I agree that it’s not fair for this burden of addressing climate change to fall only on our residents,” said Monica Taylor, who chairs the Delaware County Council outside Philadelphia. “Polluters should and must pay.”

The center has also conducted statewide polling that it says shows support among voters in both states for climate lawsuits. But the idea of a lawsuit hasn’t gained traction in Ohio, where Republicans control the governor’s office and the state Legislature.

 

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Virginia Gov. Glenn Youngkin (R) speaks with reporters last year after touring a Loudoun County elections facility in Leesburg, Va.

Virginia Gov. Glenn Youngkin speaks with reporters last year after touring a Loudoun County elections facility in Leesburg, Va. | Cliff Owen/AP

Election roundup
The results of Tuesday's off-year elections and ballot measures could affect the nation’s energy transition — particularly as states start seeing billions of dollars in federal money from last year’s Inflation Reduction Act, Jason Plautz and Zach Bright write.

Democratic Gov. Andy Beshear won a victory in Kentucky that could mean more money flowing to renewable energy in the coal-heavy state. In Texas, voters backed a legislative measure that will help build more natural-gas-burning power plants, while in Maine, voters rejected an initiative to replace for-profit electric utilities with a public nonprofit.

And in Virginia, Democrats maintained their majority in the state Senate and seized control of the House of Delegates — all but ending Republican Gov. Glenn Youngkin's push to roll back climate policies, Scott Waldman and Minho Kim write.

Struggling GOP climate plan
One of three Republican backers of carbon tariff legislation has withdrawn his endorsement, signaling the challenge of building bipartisan support for imposing a fee on carbon-intensive industrial and energy imports, Emma Dumain writes.

Sen. Roger Wicker (R-Miss.) took his name off the list of co-sponsors, saying, “It’s just not what I had originally agreed to.”

Charged debate
House Republicans are attempting to overturn the Biden administration's short-term waiver from Buy America requirements for electric vehicle chargers, including steel and iron, Kelsey Brugger writes.

The GOP is criticizing the use of components from China to build out the nation’s EV charging network. Democrats counter that the effort to overturn the federal rule, led by Sen. Marco Rubio (R-Fla.), would backfire and lead to fewer U.S-made chargers.

 

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In Other News

More oil: The United States, Russia and Saudi Arabia could be drilling record amounts of oil in 2030, according to a United Nations-backed report.

Fighting words: Russian Foreign Minister Sergey Lavrov accused the West of creating an energy crisis by rushing to switch to green energy. Western nations have boycotted Russian oil imports in response to Russia's invasion of Ukraine.

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Sultan Ahmed Al Jaber, CEO of the Abu Dhabi National Oil Company, speaks at a side event at a climate conference on June 8 in Bonn, Germany.

Sultan Ahmed Al Jaber, CEO of Abu Dhabi National Oil, speaks at a side event at a climate conference June 8 in Bonn, Germany. | Sascha Schuermann/AFP via Getty Images

The CEO of Abu Dhabi National Oil, who is leading the upcoming United Nations climate summit, has promised to eliminate carbon emissions tied to the company’s $150 billion expansion of oil drilling. But a document obtained by POLITICO’s E&E News shows the company sees a “high” probability it will fail to address those future emissions.

Analysts see a long-awaited plan by China to cut methane emissions as a signal of improving U.S.-China relations heading into the COP 28 climate conference this month.

Denmark is preparing a significant pledge toward a new climate disaster fund, acting ahead of other developed nations after negotiators reached a fragile agreement last week on the basic contours of the new fund.

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