The U.S. Supreme Court recently wrapped up a long-standing case brought by a group of children looking to hold the federal government accountable for climate change’s impact. While that case ended, only two months before, the Court allowed another lawsuit from Honolulu against oil companies to proceed. This highlights a growing trend of climate-related legal actions across the country.
Research shows that fossil fuel companies and the government have known about the dangers of climate change for decades. Studies indicate these companies have failed to take sufficient action to meet international climate goals. In response, local governments and citizens are turning to the courts, but outcomes have been mixed.
Legal Strategies for Climate Action
Claims can arise under U.S. and state laws or common law principles developed by courts. Lawsuits often aim to reduce greenhouse gas emissions or seek damages for industry cover-ups regarding fossil fuels’ environmental and health impacts.
A landmark moment came in 2007 when the Supreme Court ruled that greenhouse gases, like carbon dioxide from cars, are pollutants under the Clean Air Act. This ruling pushed the Environmental Protection Agency (EPA) to assess the health impacts of these emissions. In 2009, the EPA confirmed that carbon dioxide does endanger public health.
However, attempts to limit emissions from older power plants faced challenges in court. The Biden administration initiated new rules to tackle emissions but faced opposition from the Trump administration, which is now looking to roll back these regulations.
Common Law Claims and Shifting Strategies
The legal landscape around climate change lawsuits is evolving. Many have shifted focus towards common-law claims, arguing that fossil fuel companies have misled the public about the impacts of their products. For example, states such as Connecticut have tried to establish that emissions from power plants constitute a public nuisance.
The Supreme Court previously ruled in 2011 that the existence of statutes like the Clean Air Act bars some common law claims from being filed. This has led many plaintiffs to direct their efforts towards state courts, aiming to hold fossil fuel companies accountable for allegedly deceiving the public.
Several lawsuits now claim that oil and gas companies violated consumer protection laws by actively hiding knowledge about climate change. For instance, the city of Chicago accuses major petroleum firms of knowingly dismissing the environmental harms of fossil fuels while promoting false narratives about their commitment to cleaner energy.
Evidence of Industry Deception
Recent lawsuits cite internal documents revealing that some fossil fuel companies were aware of climate change risks as far back as the 1970s. For example, memos from Exxon warned of the urgent problems linked to carbon dioxide emissions. This evidence suggests an ongoing campaign of misinformation.
By 2023, the Hawaii Supreme Court ruled that states cannot be blocked from filing climate claims under their common law. Then, in early 2025, the U.S. Supreme Court gave the green light for the Honolulu case to move forward.
Exploring Constitutional Rights
Some climate lawsuits focus on the inadequacy of government responses to greenhouse gas emissions, alleging violations of constitutional rights. A notable case, Juliana v. United States, filed by youth seeking a stable climate system, was dismissed as a political question better suited for Congress.
However, a case in Montana shows progress. The state constitution includes rights that ensure a clean environment for present and future generations. In 2024, the Montana Supreme Court ruled that this includes a stable climate system. This ruling has significant implications by requiring state officials to consider climate impacts when approving projects.
The Ongoing Fight
Lawsuits around climate change continue to claw their way through courts across the nation, drawing attention to corporate and governmental actions. These litigations not only seek accountability but also influence public awareness and shareholder demands for transparency from fossil fuel industries.
Despite the mixed outcomes, the increase in such legal challenges underscores a rising societal demand for accountability in the face of climate change. As these cases evolve, they shine a light on both the costs of climate neglect and the urgent need for comprehensive solutions.
For further information on ongoing climate litigation, check the Climate Case Chart, a comprehensive database of climate-related legal actions.
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