Advocates are ramping up efforts to hold major oil and gas companies accountable for climate change-related damages in 2026. Despite facing multiple setbacks in 2025, legal battles are far from over.
In states like Maryland and Pennsylvania, judges have dismissed numerous climate lawsuits. They often cite that plaintiffs struggle to prove harm from emissions within their state lines. This pattern is expected to continue, according to Donald Kochan, a law professor at George Mason University, who notes that the growing number of dismissed cases influences state courts’ decisions.
Still, cities and counties affected by climate change keep filing suits. They’re particularly focused on high-profile cases in Hawaii and Colorado that could set important precedents. The U.S. Supreme Court may soon weigh in on whether such cases belong in state courts, thanks to a petition from Boulder, Colorado.
Places like Baltimore and Annapolis are appealing their dismissals, though judges remain skeptical. According to Michael Showalter, a partner at ArentFox Schiff LLP, the goal is to keep the conversation about climate accountability alive, regardless of each individual case’s outcome. “Even if they lose, the longer this plays out, the better it is for raising awareness,” he explains.
The push for climate justice has a significant backdrop. Since 2015, these lawsuits have climbed through various levels of the legal system. Plaintiffs claim that companies like ExxonMobil and Chevron misled the public about the impacts of fossil fuel usage. This situation draws parallels to the fight against Big Tobacco in the late ‘90s.
Energy companies argue that these lawsuits attempt to shift regulatory debates away from Congress and impose unwarranted liability for issues that should be managed federally. Originally aimed at public nuisance caused by climate change, these lawsuits are now evolving into broader fraud cases.
Kochan notes, “Innovative approaches will be crucial for climate advocates.” For instance, a new class action in Washington links rising homeowners’ insurance rates to misleading claims by the oil and gas sector. Plaintiffs, represented by the firm Hagens Berman, say their premiums have jumped by 51% over the past six years. Their aim? They want compensation for damages tied directly to deceptive practices, not to limit fossil fuel production.
Defendants like ExxonMobil and Shell remain firm in their stance. The American Petroleum Institute’s general counsel, Ryan Meyers, calls these lawsuits a “coordinated campaign against an industry that powers everyday life.” He emphasizes that climate policy should be determined in Congress and not in courts.
As the legal landscape evolves, Showalter anticipates that more class action suits will emerge. “This issue isn’t going away. People are frustrated with the lack of regulation, and they want to see justice,” he adds. The ongoing legal battles reflect a broader societal concern about accountability in climate change and may spark more public interest and activism in the future.
To learn more about climate litigation and its implications, check out resources from organizations like the Environmental Law Institute.
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