How Climate Science is Transforming Legal Battles: Is the EPA Looking the Other Way?

Last month, the Trump administration made headlines by declaring that greenhouse gases are no longer a threat to human health. This decision cancels the 2009 “Endangerment Finding,” which allowed the Environmental Protection Agency (EPA) to regulate these gases based on a Supreme Court ruling from 2007. Ignoring this scientific consensus, the administration seems to overlook the growing health and economic costs of climate change. Meanwhile, scientists continue to uncover evidence linking climate change to its impacts, leading to legal actions against major polluters.

Understanding Attribution Science

Attribution science is a relatively new field that connects specific greenhouse gas emitters to climate-related damages. By using satellite weather data and advanced climate models, scientists can show how much a company’s emissions contribute to extreme weather events. A study in Nature found that the global economy could have been $28 trillion richer without the extreme heat driven by emissions from major oil and gas companies. Contrary to claims by EPA Administrator Lee Zeldin that repealing the Endangerment Finding would save Americans money, recent studies estimate that reversing clean energy policies could cost the U.S. economy about $1.1 trillion by 2030 and lead to increased energy costs and health risks.

Attribution science allows us to link specific emitters, such as ExxonMobil or Chevron, to individual weather events, showing how much larger these events became due to their emissions.

Legal Implications of Attribution Science

These scientific advancements are finding their way into courtrooms. In a notable case, a Peruvian farmer, Luciano Lliuya, sued German energy giant RWE for its part in climate warming, asking the company to pay a percentage of the costs needed to protect his community from potential flood risks. Even though the court dismissed the case because flooding had not happened yet, it established a critical legal principle: companies can be held responsible for their contribution to climate change.

Similar lawsuits are emerging worldwide. For instance, Multnomah County in Oregon is seeking over $1.5 billion from energy companies for damages related to a 2021 heatwave. In Puerto Rico, municipalities filed lawsuits against fossil fuel companies for exacerbating the effects of hurricanes. Such cases are becoming more common as attribution science gains credibility and public awareness grows.

Legislative Actions Based on Attribution Science

States like Vermont and New York are implementing Climate Superfund laws that draw upon attribution science. New York’s law, passed in December 2024, seeks $75 billion from fossil fuel companies based on their emissions since the 1950s. This kind of legislation signifies a shift in how we hold companies accountable for their environmental impact.

A Call for Accountability

As climate-related disasters increase, legal experts are even discussing the potential for homicide charges against fossil fuel companies for their role in these events. For instance, during the 2023 heat wave in Arizona, legal scholars argued that deaths could be directly linked to climate change fueled by fossil fuel emissions. They noted that the industry was aware of the risks but chose to ignore them.

The Future of Climate Action

The current administration’s attempt to repeal the Endangerment Finding raises questions about the future of climate litigation. While cases can still be pursued, this repeal may help fossil fuel companies argue against established scientific principles. The disconnection between new scientific findings and governmental policies highlights a concerning trend.

In summary, while the administration tries to sidestep climate science, the combination of attribution science and legal accountability is gaining traction. These developments could reshape how we understand and address climate change, making it clear that action is not just necessary but inevitable.

For more on attribution science and its implications, refer to resources like the Grantham Research Institute and Nature.

Source link