An updated version of this article was originally published in The Hill on July 15, 2025.
This summer, the “danger season” has proven to be harrowing, with 96 percent of the US population facing at least one extreme weather alert in just the first month alone. These months are typically marked by intensified climate-driven weather anomalies that inflict significant damage on communities nationwide.
Concurrent with this alarming trend, Kansas Attorney General Kris Kobach advocated during a Senate Judiciary Committee hearing in June for a legislative overhaul of the Clean Air Act, aiming to prevent states from regulating emissions from fossil fuel sources.
Kobach was also part of a coalition of 16 state attorneys general who penned a letter to US Attorney General Pam Bondi. This correspondence requested the formation of a “liability shield” that would exempt fossil fuel firms from being held accountable for their persistent climate disinformation and the escalating climate crisis.
Notably, the organizations represented by these attorneys general largely belong to the Republican Attorneys General Association, with the American Petroleum Institute ranking as a top donor.
Such overt attempts to shield polluters from accountability highlight just how far certain officials will go to deny communities the opportunity to seek justice. Recent years have seen an uptick in climate-related lawsuits, with litigation emerging as a vital avenue to hold the fossil fuel sector responsible for its actions.
As the climate accountability campaign director at the Union of Concerned Scientists, I’ve spent years recording the fossil fuel industry’s “Decades of Deceit,” which is the title of our most recent report from May.
Today, approximately one in four people in the US live in regions that are actively pursuing legal action against fossil fuel companies for issues surrounding climate deceit, misinformation, or resultant damages. These lawsuits threaten the fundamental business models of major fossil fuel entities, signaling why the industry is eager to undermine the judicial process to evade accountability.
This is not the inaugural instance where the fossil fuel sector, along with its political allies, has sought legal immunity; however, the implications are particularly severe given their substantial influence in Congress and the current administration, compounded by the ongoing activism surrounding climate accountability lawsuits across the nation.
Recent actions by President Trump, such as a executive order aimed at undermining state authority to protect citizens from the climate crisis, as well as lawsuits filed by the Justice Department against several states, reflect a troubling trend. These lawsuits attempt to obstruct climate litigation and curb certain states’ ability to enact Superfund-style legislation.
Our Decades of Deceit report illustrates why fossil fuel corporations are anxious about facing legal repercussions and have exploited procedural delays to stall these lawsuits for years.
The report sheds light on extensive corporate malfeasance and emphasizes the need for Congress and the current administration to maintain state-level initiatives and uphold access to justice for those affected by the unethical actions of the fossil fuel industry.
Numerous lawsuits reference our findings, arguing for accountability against major players like ExxonMobil, Shell, BP, and Chevron for their roles in climate disinformation and the damages produced by such actions.
Crucially, our evidence highlights how these corporations have systematically misled the public, causing misplaced doubt regarding crucial scientific information. This disinformation has hindered necessary climate action while allowing them to continue profiting at a steep cost to society.
By the early 1980s, fossil fuel companies had a clear understanding of the potentially disastrous effects of climate change and were aware that mitigating such risks could become impossible if left unaddressed. For instance, a confidential report from Shell in 1988 warned, “By the time the global warming becomes detectable, it could be too late to take effective countermeasures to reduce the effects or even to stabilize the situation.”
Rather than pivoting from their path, these corporations instead funded and engaged in persistent disinformation campaigns. This has culminated in a scenario where, as communities seek justice, the industry is desperately searching for escape routes.
Big Oil has a vested interest in keeping unfavorable evidence out of court; thus, collaboration with state attorneys general is indicative of their desire to orchestrate extrajudicial means of avoiding responsibility while undermining the rights of their constituents to seek legal redress.
Our investigations illustrate a critical need for laws designed to safeguard public health and ensure that corporations are held accountable for willfully causing harm.
As we witness dangerous regression by the Trump administration coupled with delayed and insufficient responses from Congress regarding climate action, the judicial system emerges as an increasingly pivotal platform for communities striving to gain justice for damages incurred from climate misinformation.
Our elected officials must reject liability waivers and uphold the rights of states and communities to demand accountability from those who pollute.
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