News & Analysis
September 28, 2023
The people of Connecticut are now one step closer to putting ExxonMobil on trial for its climate deception after the U.S. Court of Appeals for the Second Circuit ruled that the state’s lawsuit can proceed in state court, where it was originally filed.
The lawsuit, filed in 2020 by Attorney General William Tong, argues that Exxon’s “campaign of deception has allowed it to continue to inflict decades of avoidable harm” on Connecticut’s lands, waters, coastlines, infrastructure, fish and wildlife, natural resources and critical ecosystems. Exxon has attempted to escape accountability by arguing that climate lawsuits in Connecticut and other states should not proceed in state court. But the Second Circuit today affirmed a lower court ruling against Exxon, saying it was “wholly unpersuaded” by the oil giant’s arguments.
This is the seventh appeals court in the nation to rule that climate accountability lawsuits filed in state court should proceed there. To date, not a single federal judge – at the district or appellate level – has agreed with Big Oil’s arguments to escape state court.
“Our case is simple and strong — ExxonMobil amassed billions of dollars in profits off a decades-long campaign of lies, and they must be held accountable,” Tong said in a statement following the ruling. “We are ready to aggressively prosecute this case in Connecticut, to uncover and expose ExxonMobil’s lies, and to hold the company accountable for the massive harm their deception caused to our environment, public health, and our economy.”
Notably, this ruling sets a precedent for two other cases against Exxon and other companies, brought by New York City and Vermont, that are within the Second Circuit’s jurisdiction.
“Communities have waited long enough for fossil fuel companies to answer for their climate fraud — it’s time the people of Connecticut get their day in court,” said CCI President Richard Wiles.
Image by Dannel Malloy/Connecticut National Guard on flickr.
