Chicago Files Lawsuit Against Six Largest Oil and Gas Companies for Climate Change

Chicago, the third-largest city in the United States, has taken a bold step towards holding oil and gas companies accountable for their role in climate change. On February 21, 2024, the city filed a sprawling lawsuit against six of the world’s largest oil and gas companies and a leading energy industry association, accusing them of deceiving consumers in the city about the “climate dangers” posed by fossil fuels.

The defendants named in the lawsuit are BP, Chevron, ConocoPhillips, ExxonMobil, Phillips 66, Shell, and the American Petroleum Institute (API). The complaint, which was filed in the Circuit Court of Cook County, alleges that these companies have intentionally misled Chicago residents about the climate change-related dangers associated with their oil and gas products.

Chicago Mayor Brandon Johnson, who initiated the lawsuit, stated, “There is no justice without accountability. From the unprecedented poor air quality that we experienced last summer to the basement floodings that our residents on the West Side experienced, the consequences of this crisis are severe, as are the costs of surviving them. That is why we are seeking to hold these defendants accountable.”

The city’s counsel, Mary Richardson-Lowry, added, “Evidence shows that these defendants intentionally misled Chicago residents about the climate change-related dangers associated with their oil and gas products. If unabated, climate change could result in catastrophic impacts on our city. We bring this lawsuit to ensure that the defendants who have profited from the deception campaign bear responsibility for their conduct.”

The lawsuit seeks relief in the form of hundreds of millions of dollars in compensatory and loss-of-use damages, penalties and fines for statutory violations, disgorgement of profits, and an injunction against the companies from engaging in the deceptive and unfair acts and practices alleged in the lawsuit.

The complaint lists 11 counts of fraud, nuisance, conspiracy, and negligence. It also points to a 1995 heat wave, which claimed the lives of over 700 residents, as evidence of the dangers posed by fossil fuels. The oil companies are accused of causing extreme heat, increased rain, and flooding.

API Senior Vice President and General Counsel Ryan Meyers responded to the lawsuit, stating, “Addressing climate change requires a coordinated international policy response, not meritless local litigation over lawful and essential energy production. This ongoing, coordinated campaign to wage meritless, politicized lawsuits against a foundational American industry and its workers is nothing more than a distraction from important national conversations and an enormous waste of taxpayer resources.”

Theodore Boutrous, who serves as counsel for Chevron Corporation and is a partner at the firm Gibson, Dunn and Crutcher, added, “Climate change should be addressed through legislation, not piecemeal litigation filed across the country. As the U.S. Court of Appeals for the Second Circuit held in dismissing a similar New York City lawsuit, ‘such a sprawling case is simply beyond the limits of state law.'”

The complaint closely mirrors similar lawsuits filed by states, cities, and counties nationwide. Chicago is being represented by the California law firm Sher Edling, which has spearheaded such climate-related public nuisance lawsuits arguing that oil companies are financially responsible for global warming.

The firm has raised millions of dollars from liberal dark money nonprofits to fund its pursuits. While the entirety of Sher Edling’s funding structure is unknown, the firm has for years taken donations from a pass-through fund managed by the left-wing New Venture Fund, whose individual donors are obscured from public view, meaning donors are able to remain anonymous.

Richard Wiles, the president of the Center for Climate Integrity, which has advocated for the lawsuits, stated, “Big Oil has lied to the American people for decades about the catastrophic climate risks of their products, and now Chicago and communities across the country are rightfully insisting they pay for the damage they’ve caused.”

The lawsuit is part of a historic wave of lawsuits that could finally hold Big Oil accountable for the climate crisis they knowingly caused.