New York City Continues Fight to Hold Fossil Fuel Companies Responsible for the Billions In Damages Caused by Global Warming
November 22, 2019
Law Department Asks Appeals Court to Reinstate Case Seeking Compensation from the Five Largest Investor-Owned Fossil Fuel Producers for Damages New Yorkers Will Face
The New York City Law Department later today will continue its efforts to seek compensation from fossil fuel producers for the effects of global warming when it asks the Second Circuit Court of Appeals to reinstate the City’s lawsuit against the five largest investor-owned fossil fuel producers in the world. The City seeks to recover billions of dollars to fund climate change resiliency measures required to protect the City, its property, and its residents from the increasingly severe impacts of global warming.
“When it comes to the damage caused by climate change, it is long past time for real accountability,” Corporation Counsel James E. Johnson said. “We brought a claim that courts have recognized for well over 100 years. These defendants produced and sold a product that they knew would cause severe harm when used exactly as intended. Neither the Clean Air Act nor any other legal doctrine prevents a court from hearing this suit. The Court of Appeals should recognize that, and give New Yorkers their well-deserved day in court.”
“It is abundantly clear that we face a global climate emergency caused primarily by the continued burning of fossil fuels. Worse yet, fossil fuel companies knew this fact and still conducted a decades-long campaign of deception and denial to hide this from us all,” said Daniel Zarrilli, NYC's Chief Climate Policy Advisor. “New Yorkers know that it’s not fair to shoulder the burden of our growing climate crisis when those most responsible are not being held accountable for their greed and complicity. That’s why New York City is proud to stand up to Big Oil and pursue damages from the fossil fuel companies that have caused this crisis.”
The City is seeking to recover from BP, Chevron, ConocoPhillips, Exxon Mobil, and Royal Dutch Shell the money the City will spend to protect New Yorkers from the effects of climate change. This includes damages to pay for harm that has already occurred as well as to address harms the City expects to experience over the course of this century.
New York City is already executing an over $20 billion initiative to protect New Yorkers by building resilience against rising seas, more powerful storms, and hotter temperatures. This program includes physical infrastructure, like coastal protections, upgraded water and sewer infrastructure, heat mitigation efforts, and public health campaigns.
A federal district court judge in the Southern District of New York dismissed the City’s suit in July 2018, writing that the City’s claims were barred by the federal Clean Air Act and that climate change could not be addressed through litigation.
As alleged in the City’s complaint, the fossil fuel industry was well aware as far back as the 1980s that its production of fossil fuels would have significant impacts on climate change. They nonetheless engaged in a campaign of deception and denial about global warming and its impacts, even while profiting from the sale of fossil fuels and taking steps to protect their own assets from the effects of rising seas and a changing climate.
More than half of the greenhouse gas pollution from fossil fuels has occurred since 1988, according to a recent analysis. Sea levels have risen about one foot since 1900, with much of that rise due to climate change. The most powerful storms are becoming more frequent, and flooding is becoming more frequent and intense.
New York City has already taken bold action to combat the effects of global warming, including releasing OneNYC 2050, the City’s Green New Deal, in April 2019. The plan commits to carbon neutrality by 2050, sourcing 100% clean electricity for City government operations, and requires large buildings cut their emissions, along with comprehensive resilience planning.
The case is City of New York v. BP, et al., docket number 18-2188. The City is represented by the Law Department and by Hagens Berman Sobol Shapiro LLP.
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