Oil companies in the United States are facing a wave of legal proceedings launched by states and municipalities accusing them of actively contributing to climate change while concealing its consequences. Several of these cases are built on legal strategies similar to those used successfully against the tobacco industry in the 1990s. None of these cases have yet gone to trial, although several have been brought before federal courts and some dismissed.
Towards federal immunity for fossil energy companies
Since Donald Trump’s return to office, allies of the oil industry within the Republican Party have stepped up efforts to halt the progression of these cases. In June, sixteen Republican state attorneys general sent a letter calling for legislation modelled on a 2005 law protecting weapons manufacturers from certain lawsuits. The stated goal is to end what they call a “legal war” against the energy sector.
In this context, an amendment quietly inserted into a federal budget bill for Washington, D.C., aims to prohibit the city from using its funds to sue oil companies. This initiative marks an early move toward broader legislative efforts to restrict local authorities’ access to courts.
Mounting pressure on federal courts
In Colorado, a lawsuit against oil company Suncor has become a focal point of political pressure. More than 100 Republican lawmakers in the House of Representatives, backed by the Department of Justice, have asked the Supreme Court to intervene to dismiss climate-related cases. A group of conservative legal scholars has also mobilised, calling on the Court to strengthen federal authority to block such actions.
None of the companies involved — including ExxonMobil, Chevron, BP and Shell — nor the government representatives contacted, have responded. Meanwhile, Democratic-led states are reinforcing compensation mechanisms by applying the “polluter pays” principle, which the Trump administration is actively seeking to undermine.
Local resistance to legal restrictions
Local governments are voicing concern over efforts to restrict access to legal remedies. The National Association of Counties, representing around 3,000 jurisdictions, adopted a resolution this summer opposing any federal measure that would grant immunity to fossil fuel companies. Brigid Shea, an elected official in Travis County, Texas, recalled that the impacts of extreme weather events are already translating into direct costs for local governments.
The prospect of a judicial shift remains uncertain. According to several legal experts, the Supreme Court may eventually step in if political pressure persists. So far, no major ruling has been issued, but conservative initiatives clearly aim to redefine the legal boundaries of oil industry liability.
