OAKLAND – California Attorney General Rob Bonta today highlighted four recently filed amicus briefs in support of city, county, and state efforts to hold the major fossil fuel producing companies accountable for their contributions to the climate crisis. In Honolulu v. Sunoco, BP v. Baltimore, Rhode Island v. Shell, and Minnesota v. American Petroleum Institute, the governments allege that the fossil fuel industry violated state common law and/or consumer protection laws during its decades long campaign to mislead the public about the harms of climate change. In an attempt to avoid accountability under state law, Big Oil has repeatedly attempted to remove these and similar cases to federal court. Attorney General Bonta, as part of a multistate coalition, argues in the briefs that these cases belong in state court as the right to remove cases is narrowly construed so as to protect states' sovereign authority to enforce state laws.   

“For decades, Big Oil used a playbook of deceit and deception to mislead consumers about the harms of fossil fuel use,” said Attorney General Bonta. “Now, we’re running out of time. From historic drought to deadly wildfires, the existential threat of our time is less and less difficult to imagine. We cannot let polluters off the hook. The Courts should allow these cases to proceed in state court, where they belong.”

In the past month, Attorney General Bonta has joined four amicus briefs in support of state and local efforts to hold oil companies accountable:

Honolulu v. Sunoco: In a brief filed on Friday, Attorney General Bonta, along with 14 attorneys general, supported the City of Honolulu and the County of Maui in their lawsuit seeking to hold oil companies accountable for knowingly deceiving consumers about the dangers of fossil fuel use in violation of state law. The lawsuit argues that the companies are liable for climate change-related infrastructure damage, such as damage caused by flooding and sea-level rise, resulting from their actions. The case is currently pending in the Ninth Circuit after the oil companies appealed a decision by the Hawaii district court remanding the case to state court.

A copy of the brief can be found here.

BP v. Baltimore: Attorney General Bonta joined a coalition in support of the City of Baltimore’s effort to hold oil companies accountable under state law for their actions contributing to climate change and the resulting harms from sea-level rise and other effects. The City of Baltimore alleges in their lawsuit that the oil companies’ conduct exacerbates global warming and its impacts, including hotter temperatures, extreme weather events, rising sea levels, and other irreversible harms – leaving local governments to manage the full costs of inundation, erosion, flooding, property damage, and threats to the health and safety of residents. The case is currently pending in the Fourth Circuit after the oil companies appealed a district court decision finding that the suit belongs in the state court.

A copy of the brief can be found here.

Rhode Island v. Shell: Attorney General Bonta joined a multistate amicus brief in Rhode Island v. Shell urging the First Circuit to allow the case to proceed in state court. In the lawsuit, the state of Rhode Island seeks to hold oil companies accountable for their actions contributing to climate change and the resulting harms from sea-level rise, changes to hydrologic cycles influencing weather patterns, and increased air and ocean temperatures. The case is currently pending in the First Circuit after the oil companies appealed a district court decision remanding the case to state court.

A copy of the brief can be found here.

Minnesota v. American Petroleum Institute: Attorney General Bonta joined a coalition of 17 attorneys general in filing an amicus brief in support of the State of Minnesota’s efforts to hold major fossil fuel producing companies accountable for corporate fraud, deceptive trade practices, and other violations of state law. Although Minnesota originally filed its case in state court, the case was removed to federal district court by the oil companies in an attempt to avoid accountability under state law. The case is currently pending in the Eighth Circuit after the companies appealed the district court decision that the lawsuit belongs in state court. 

A copy of the brief can be found here.