Vermont is one step closer to putting Big Oil on trial

Judges continue to reject oil industry efforts to escape accountability in state court.

News & Analysis

February 12, 2024

Vermont is another step closer to putting Big Oil companies on trial for their climate lies after a federal district court ruled last week the lawsuit can move forward in state court, where it was originally filed. The decision continues oil companies’ unbroken losing streak in their attempts to escape facing accountability for their climate lies in dozens of local and state government cases. 

Vermont’s lawsuit, filed by the state Attorney General’s office in 2021, charges ExxonMobil, Shell, and other major polluters with knowingly lying to the public about the climate harms of their products and ultimately denying Vermont consumers the opportunity to make informed choices on their fossil fuel products. The lawsuit asserts that Big Oil’s deceptive marketing not only misled consumers, but also delayed action and created costly and hazardous conditions for Vermont residents, like recent deadly floods exacerbated by climate change. The case, which will now be litigated in state court, seeks to force the oil companies to stop deceiving the public and relinquish the profits they made while promoting their false advertising.

“Vermonters deserve to know the truth about fossil fuel products as they make consumer choices,” Vermont Attorney General Charity Clark said after the ruling. “This case seeks to hold accountable fossil fuel companies that misrepresented their products and hid information from the public.” 

To date, eight federal appeals courts — including the Second Circuit, which has jurisdiction over the District of Vermont — and more than a dozen federal district courts have unanimously ruled against the fossil fuel industry’s arguments to prevent these lawsuits from moving forward in state courts. Earlier this year, the U.S. Supreme Court declined Big Oil’s requests to review one of those lower court rulings for the third time. 

“The fossil fuel industry’s efforts to deceive the public about climate change have caused irreparable harm to communities,” CCI President Richard Wiles said. “The people of Vermont deserve their day in court to make these companies answer for their fraud.”