Previous post is reprinted later on. This update is an article at Issues and Insights last week by Horace Cooper The Shameless Hypocrisy Of Cities Suing For Climate Change ‘Damages’. Excerpts in italics with my bolds.
North and South American natives once spoke of the mythical El Dorado, a sacred city made entirely of gold. History records that conquistadors embarked on expeditions throughout the Americas in pursuit of El Dorado and legendary riches. Ultimately their quests yielded nothing but misery and loss.
A modern-day parallel exists among several municipal governments and Rhode Island, which have set out on an equally unrealistic quest for a modern-day “jackpot justice” – a scheme to reap billions from several energy companies.
Using an already discredited “public nuisance” legal claim, Rhode Island and several cities have filed lawsuits that blame all of Earth’s climate change on a few profitable energy companies. The suits allege that, by producing oil, these energy companies have contributed to climate change, which, they argue, may cause damage to their communities in the future. Their cases, incidentally, fail to mention the large amounts of fossil fuels used by these same cities for public transportation, municipal airports, city buildings, and public improvement projects.
Litigants point to a July ruling in which an activist Rhode Island judge overturned a previous decision to move Rhode Island’s climate change case to federal court. Having watched federal courts dismiss many of these claims outright, the plaintiffs believe they have a better chance of success in lower, state courts. Baltimore was also successful in blocking a motion to move its lawsuit to federal court.
Still, climate litigants would be wise to keep the champagne firmly corked as these recent rulings in Rhode Island and Baltimore will likely be overturned. In North Dakota earlier this year, a similar nuisance case against Purdue Pharma was dismissed by a judge who found the plaintiffs failed to meet the required burden of proof. Moreover, the courts reviewing the Oklahoma case are likely to take a more skeptical view of the nuisance tactic, which has generally fared poorly on appeal. For example, a nuisance suit against lead paint manufacturers initially succeeded, only to fail on appeal in 2009, ironically before the Rhode Island Supreme Court.
A major driver of legal precedent denying the use of nuisance ordinances comes from an Obama-era Supreme Court ruling. In the 8-0 American Electric Power v. Connecticut decision in 2011, the U.S. Supreme Court ruled that corporations cannot be sued for greenhouse gas emissions because the Clean Air Act specifically tasks the Environmental Protection Agency and Congress with the proper regulatory authority. Put another way, only the executive and legislative branches – not the judicial branch – may regulate and impose climate change policy. That precedent was properly cited last year when New York City’s climate lawsuit was bounced out of court. Also last year, a federal judge dismissed Oakland and San Francisco’s lawsuit for being outside the court’s authority.
In addition to the utter lack of legal substantiation, these lawsuits reveal how these municipalities are speaking out of both sides of their mouths. In one setting they downplay risks of climate change and in other settings they pretend the risks have never been higher.
Consider San Francisco’s 2017 municipal bond offering which reassuringly told potential investors, “The City is unable to predict whether sea-level rise or other impacts of climate change or flooding from a major storm will occur, when they may occur, and if any such events occur, whether they will have a material adverse effect on the business operations or financial condition of the City and the local economy.” Yet in its multi-billion-dollar climate lawsuit, the city went full-on Chicken Little, warning, “Global warming-induced sea level rise is already causing flooding of low-lying areas of San Francisco.”
The example isn’t isolated. Marin County, California’s lawsuit alarmingly asserted that there’s a 99-percent risk of an epic climate-change-related flood by 2050. But a municipal bond offering to potential investors failed to warn of any potential climate change dangers claimed within its lawsuit. San Mateo County’s prospectus advising bond investors that it’s “unable to predict whether sea-level rise or other impacts of climate change or flooding from a major storm will occur” didn’t stop it from forecasting a 93-percent chance cataclysmic flood by 2050 in its lawsuit against oil companies. The examples go on.
Aside from the shameless hypocrisy of mayors wooing potential investors while claiming pending climate disaster in court, the motivation behind these lawsuits is clear. Many cities filing lawsuits against energy companies are financial train wrecks, seeking billions to offset their mismanagement. Huge legal awards – enough to make their fiscal troubles vanish – have a powerful allure.
The prospect of jackpot justice has fogged their judgment just as surely as the conquistadors who vainly searched for El Dorado.
If anything, the mayors of Oakland, New York, San Diego, and others are seeking pots of Fool’s Gold. These greedy politicians should stop abusing the legal system, wasting taxpayer dollars, and put a halt to their fantasy gold-digging.
Previous Post: Climate Hail Mary by Inept Cities
Some cities in desperate financial straits due to their own mismanagement are hoping to bail out by suing oil companies. Several are in California where the current governor blames droughts, fires and mudslides on climate change. So Governor Brown is a role model for all politicians how to scapegoat nature instead of taking responsibility for their own failings as leaders. As I have long said, COP stands not only for UN Conference of Parties, but also for the ultimate political COP-Out. (Note: A “Hail Mary” is a desperate football pass into the end zone as the game ends.)
A recent editorial in the Washington Times exposes the ruse Big talk at City Hall isn’t likely to replace oil, natural gas and coal Excerpts below with my bolds.
The civic shakedown of the oil and gas producers continues, and the frenzy has spread to California. Mayor Bill de Blasio of New York started it in January when he said he would seek billions of dollars in reparations from five major companies, including Exxon, BP and Chevron.
“It’s time for Big Oil to take responsibility for the devastation they have wrought,” he said, “and to start paying for the damage they have done.” He blames the devastation from the 2012 Superstorm Sandy on climate change, “a tragedy that was wrought by the actions of the fossil-fuel companies.” The Sierra Club and other radical environmental groups couldn’t have said it better. These greens have long sought to shut down the oil and coal-mining companies.
San Francisco, Oakland and Los Angeles now threaten similar lawsuits to extort money from the reliable producers of cheap energy. These cities claim that the forest fires and mudslides that devastated Southern California were caused by greenhouse gas emissions. Coal companies are now joining the mayor’s conspiracy. Forest fires in the West? Hurricanes in the East? Heaven forfend. Surely that never happened before.
Many big cities have been living beyond their means for years, running up billion dollar pension liabilities. Someone has to pay the tab for the fiscal hangover, and extortion may be the way to require others to pay the bills. What better target than Big Oil? Attempting extortion has got so out of hand that Richmond, Calif., one of whose largest employers is a large oil refinery, is eager to join the extortion racket.
Even if every American energy company shut down entirely — which may be the hidden agenda here — the enormous increase in carbon emissions from China and India alone would swamp the effects of American fossil-fuel production and consumption. If global warming was actually causing forest fires and hurricanes, Mayor de Blasio should be suing China, not British Petroleum.
Even more fraudulent is that New York City, Oakland, San Francisco and other plaintiffs have been burning fossil fuels for decades to provide power for their cities. Exxon only drills the oil. It’s the cities of New York, San Francisco and Oakland that burn it and send the carbon into the atmosphere. And what about the police cars, trucks, buses, ambulances and thousands of other city-owned vehicles? They use the fuels that Exxon and Chevron produce, and even the batteries in electric vehicles that must be frequently recharged use recharging stations powered mostly by fossil fuels. In the first six months of 2017 more than 70 percent of all the electricity produced in the United States came from coal and natural gas.
Fossil fuel starvation diets are available to all. But the mayors know very well that without cheap and abundant oil, coal and natural gas, their cities and the commerce that springs from there would come to a grinding halt. The schools, factories, shelters, shopping centers, restaurants, apartment buildings and skyscrapers would shut down without the energy from the oil and gas produced by the companies the mayors are suing. The cities wouldn’t survive for a day. Big talk, like oil, gas and coal, is cheap. It’s too bad that all that hot air at City Hall can’t be harnessed to produce electricity. If it could, there’s enough of it to put oil, gas and coal companies out of business.
See also Is Global Warming A Public Nuisance?