While oil companies built seawalls and elevated their oil rigs to protect critical production infrastructure from the rising sea level, they concealed from the public the knowledge that burning fossil fuels could have catastrophic impacts on the biosphere.
That's what citizens and local governments across the United States are asserting in lawsuits against oil, gas, and coal companies. Plaintiffs in the cases have alleged that fossil fuel producers knowingly subjected the entire planet and future generations to the dire consequences of their actions.
On Nov. 14, fishermen in California and Oregon joined the legal fray by filing suit against 30 companies, mainly oil producers. The Pacific Coast Federation of Fishermen's Associations, the plaintiff, contends that the fossil fuel industry is at direct fault and must be held accountable for recent warming-related damages to the West Coast's prized Dungeness crab fishery, which catches millions of the tender-fleshed crustacean most years, and coastal chefs turn the critters into classics like Crab Louie and Crab Cioppino.
The fishermen's lawsuit appears to be the first time food producers have sued the fossil fuel industry for allegedly harming the environment.
A recent history of heatwaves
Since 2014, the northeast Pacific Ocean has experienced several dramatic marine heatwaves. The higher temperatures have caused blooms of toxic algae that, by producing the neurotoxin domoic acid, can make Dungeness crab and other shellfish unsafe to eat. In the fall of 2015, state officials in California and Oregon delayed the opening of crab season by several months, until testing finally showed domoic acid levels had dipped back to safe levels. Several similar closures have occurred since, including this year.
Noah Oppenheim, the executive director of the Pacific Coast Federation of Fishermen's Associations, says the 2015-2016 crab fishing closure resulted in direct financial losses that caused some boats in the fleet of about 1,000 to leave the fishery. Subsequent closures, also caused by domoic acid concerns, have further strained the industry, which in California and Oregon is worth about $445 million, Oppenheim says.
[bmThe lawsuit, filed in California's Superior Court, San Francisco county, chronicles the fossil fuel industry's alleged role in obfuscating the likely global effects of climate change and demands compensation from companies including Chevron, ExxonMobil, BP and Shell Oil.[/b]
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The crabbers' lawsuit comes amidst a string of court actions by cities against the oil industry. In July, the mayor and city council of Baltimore filed suit against 26 companies, alleging they knew but hid from the public the dangers of fossil fuels. The lawsuit claims the "Defendants' Actions Prevented the Development of Alternatives That Would Have Eased the Transition to a Less Fossil Fuel Dependent Economy." Similar suits have come from the state of Rhode Island and several communities in California, including the City of Santa Cruz and Marin County.
[b]Federal judges have dismissed some of these lawsuits.[/bm One filed jointly by the cities of San Francisco and Oakland, and another from New York City, were tossed out on the grounds that such matters should be handled in venues other than the courts, such as by Congress or the executive branch.
But some climate activists are convinced that the tide will turn. Richard Wiles, executive director of the Center for Climate Integrity, is not involved in the crabbers' lawsuit but believes a flood of lawsuits like theirs could soon inundate the fossil fuel industry. He says "establishing a firm, highly defensible, essentially incontrovertible link between global warming and the damages that the plaintiff, or industry in question, has suffered" is the key to winning a lawsuit of this nature, and he says he believes the crabbers' case — and the science supporting it — "appears very strong."
"This case could signal the beginning of a wave of suits from industries and businesses that have been harmed by climate change," he says.