The U.S. Justice Department is taking legal action against Minnesota due to the state’s lawsuit seeking to make oil and gas companies responsible for climate change.
It’s the most recent legal battle against the state’s argument, which claims that Exxon Mobil, Koch Industries, and the American Petroleum Institute deceived the public by concealing and minimizing data showing that burning fossil fuels contributes to global warming.
The complaint, submitted on May 4 in the U.S. District Court for the District of Minnesota, states that the Department of Justice attorneys claim Minnesota’s lawsuit seeks to “override the federal government’s sole power to manage worldwide greenhouse gas emissions” under the Clean Air Act. They added that if carried out, Minnesota’s legal action would “improperly hinder” domestic energy development and endanger national security.
“Minnesota’s effort to enforce a national regulation on worldwide greenhouse gas emissions is not only blocked by federal law, but also harms affordable and dependable American energy, damaging the country’s national and economic security,” said Associate Attorney General Stanley Woodward in a press release announcing the DOJ’s lawsuit.
Minnesota’s lawsuit, submitted in 2020, is one of many ongoing cases initiated by cities, counties, and states claiming that oil companies should be responsible for the financial losses resulting from climate change.Research showsSevere weather conditions, intensified by increasing global temperatures, have resulted in over $3 trillion in losses throughout the United States since 1980.
If successful, the lawsuits could lead to significant consequences, such as compelling oil companies to compensate states with billions of dollars in damages and mandating warning labels on petroleum products to alert consumers about their link to climate change.
But the cases, including Minnesota’s, have not yet reached trial. Several have been delayed for years due to legal challenges, including disputes over whether they should be handled in state or federal court. In January,A federal appellate court rejected a request from the oil and gas companiesto dismiss Minnesota’s lawsuit.
In a statement provided to the Minnesota Star Tribune, state Attorney General Keith Ellison described the DOJ’s complaint as a “trivial and baseless legal action” that he expects will be “thrown out right away.”
In 2020, I took legal action against Big Oil for deceiving Minnesotans about the real reasons behind climate change and then leaving us to bear the costs of the damage they are causing,” Ellison stated. “After six years, we are still waiting for the trial to begin because Big Oil has used every legal tactic possible to postpone dealing with the results of their illegal behavior.
Although it may take years before Minnesota’s case reaches trial, its outcome might ultimately be influenced by a comparable lawsuit initiated by the city of Boulder, Colorado, against Exxon Mobil and Suncor, according to Michael Gerrard, founder of Columbia Law School’s Sabin Center for Climate Change Law.
That case also accuses the oil companies of intentionally exacerbating climate change while hiding the risks associated with their products. The Department of Justice also filed a lawsuit against the city concerning the matter of preemption in the case. Last year, the Colorado Supreme Court supported Boulder’s position in that case, which the DOJ subsequently appealed.
The U.S. Supreme Court has decided to take on the appeal, with the case set to be examined by the highest court later this fall.
It remains uncertain how the Supreme Court will decide, Gerrard stated, pointing out that courts have issued rulings on both sides concerning the issue of preemption. Some judges have supported the cities or states, as seen in Boulder’s case, while others have backed the federal government, he mentioned.
Regarding all these decisions, Gerrard stated, the party that lost has submitted an appeal, which is why the issue could eventually be resolved by the SCOTUS hearing.
If the Supreme Court rules that the state’s lawsuits are not overridden by federal authority, Gerrard noted, the cases will still have to proceed to trial to determine the central issue of who is liable for the costs associated with climate change.
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