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Climate & Environment
27 November 2024

Maine Takes On Oil Companies Over Climate Deception

The state pushes back against oil giants for alleged decades of misinformation on climate change impacts

Maine has officially joined the ranks of states suing major oil companies over climate change, igniting attention on the industry's long-held practices surrounding fossil fuel production and its impacts. This lawsuit, spearheaded by Attorney General Aaron Frey, marks Maine as the ninth state to file such action, building upon similar legal moves by California, New Jersey, and others as they seek to hold the fossil fuel sector accountable for the consequences of their actions.

Frey filed the lawsuit against oil titans, including ExxonMobil, Chevron, BP, and the American Petroleum Institute (API) among others. The nearly 200-page complaint asserts these companies have concealed information about their contributions to climate change since the 1960s, all the way back to when their executives were reportedly aware of the potential harms associated with fossil fuel extraction and consumption. Frey stated, “For over half a century, these companies chose to fuel profits instead of following their science to prevent what are now likely irreversible, catastrophic climate effects.”

The lawsuit highlights the financial burden climate change has placed on Maine, particularly as the state grapples with more extreme weather patterns and rising sea levels. According to the attorney general’s office, the state is seeking both damages for past impacts and compensation for future mitigation efforts. This echoes the sentiments of many lawmakers, including Maine’s Governor Janet Mills, who noted the increasing frequency of severe storms, which have caused significant damage to infrastructure, especially within the state's fishing industry.

A particularly poignant example of recent impacts came to light during discussions within the Senate, where Senator Susan Collins noted recent storms had devastated approximately 50 percent of Maine’s fishing infrastructure. This stark scene reinforces the state’s decision to take legal action against oil companies, aiming to address the systemic issues tied to their practices.

Maine’s lawsuit arrives at a time when similar cases nationwide are facing hurdles, as the oil and gas industry aggressively challenges the authority of state courts to address climate liabilities. A coalition of Republican attorneys general has filed petitions urging the U.S. Supreme Court to quash these types of lawsuits, arguing they infringe upon federal regulatory scopes. This backdrop of potential judicial roadblocks adds tension to Maine’s already complex legal battle.

The legal action follows historical patterns reminiscent of litigation against the tobacco and opioid industries, where consumer protection and public health were central themes. Yet, as seen with recent judicial outcomes, the fossil fuel industry has mounted significant defenses claiming their products are fundamental to American energy needs, thereby complicatively intertwining the conversation around climate change with economic dependencies.

ExxonMobil, for example, responded defensively to the lawsuit, highlighting Maine's high reliance on petroleum for heating, stating, “These baseless claims ignore the state’s historic dependence on oil and natural gas, do nothing to address the risks of climate change, and waste taxpayer dollars.” Meanwhile, Shell articulated agreement on the necessity for action against climate change, though they argue the courtroom isn’t the right venue for these discussions.

Beyond Maine, the legal tide appears to be shifting slowly but surely across the U.S., as multiple jurisdictions seek accountability from fossil fuel companies. Eight other states have initiated similar complaints, asserting claims ranging from negligence to unjust business practices. These cases build upon the assertion of deliberate deception and misinformation campaigns about the dangers of fossil fuel usage, which have made consumers uninformed of their choices.

Maine’s lawsuit, much like its counterparts, emphasizes not simply the historical negligence of these companies but also the need for immediate and effective remediation strategies as communities confront climate realities. By framing their case within the realms of public safety, health, and economic viability, Maine aims to advocate for systemic changes and demand accountability from the oil sector.

The path forward for Maine's lawsuit, and similar cases nationwide, remains laden with uncertainty. Industry leaders are pushing for the transfer of these cases to federal courts, where they suspect they would encounter more favorable conditions for their defenses. Meanwhile, broader political dynamics at the national level may continue to influence the outcomes significantly, with upcoming elections potentially reshaping the climate litigation environment.

Onlookers remain hopeful, as stakeholders from various sectors recognize the urgency and necessity surrounding climate action. Maine's embrace of legal recourse against oil giants could well represent another step toward accountability, laying the groundwork for impactful changes needed to address the climate crisis head-on.

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