WASHINGTON (December 11, 2024)—The U.S. Department of Justice, through Solicitor General Elizabeth Prelogar, submitted two significant briefs yesterday urging the Supreme Court to reject petitions in Sunoco et al. v. Honolulu and Alabama et al. v. California et al. The petitions both seek to block state and local lawsuits centered on holding fossil fuel companies accountable for decades of climate disinformation. More than one in four people in the United States and its territories live in jurisdictions whose public prosecutors are pursuing such cases, the first of which were filed in 2017.
Below is a statement by Dr. Delta Merner, lead scientist for the Science Hub for Climate Litigation at the Union of Concerned Scientists (UCS).
“These Solicitor General briefs, which urge the Supreme Court to allow state courts to hear claims of disinformation, represent an important step in the pursuit of climate accountability. They reaffirm that communities have the right to hold fossil fuel companies accountable for decades of misleading the public about the harms associated with their products.
“Research has shown how fossil fuel companies knowingly concealed the dangers of their products while misleading the public—a pattern of misconduct that contributed directly to today’s climate crisis. These cases seek to give communities the chance to present this evidence in court, shining a light on the broader impacts of corporate disinformation campaigns.
“These cases are a reminder that science and law, working together, are powerful tools for justice and accountability. As we move forward, it’s vital to ensure that courts remain a space where science can inform decisions and guide solutions to address the climate crisis.”
Below is a statement by Kathy Mulvey, director of the climate accountability campaign at UCS.
“Communities like Honolulu are bearing the financial burden of addressing climate damages, using public dollars to remediate harms caused by decades of deception by fossil fuel companies. These cases are one important lever to ensure that polluters pay their fair share of damages resulting from their concerted and deliberate campaigns to mislead the public and block climate action.
“A core principle of accountability is timely access to justice through the courts. Honolulu and other communities have already waited years to present their evidence and argue their claims. We applaud the Biden administration’s continued support for these lawsuits and urge the incoming Trump administration to continue following science and clear legal arguments.
“The Supreme Court should allow these cases to proceed in state courts without further delays. Communities deserve their day in court to hold fossil fuel companies accountable for decades of deceit that exacerbated climate harms and delayed meaningful action.”
Additional UCS Resources:
- US States and Communities are Suing the Fossil Fuel Industry: Six Things You Need to Know, 2024 blog post
- The Climate Deception Dossiers, 2015 report
- The Disinformation Playbook, 2017 explainer
- Smoke, Mirrors & Hot Air, 2007 report
- Your Research Can Help Inform Climate Litigation, 2024 blog post