In brief
Major oil corporations are facing a new angle in their legal battles against climate change lawsuits—claiming that the actions of state and local governments to sue them violate their First Amendment rights. This unusual strategy hinges on “anti-SLAPP” laws, originally designed to prevent powerful entities from silencing critics through litigation.
California's Attorney General Rob Bonta and multiple municipalities have initiated lawsuits against prominent players like Exxon Mobil and Chevron, accusing them of disseminating misinformation regarding climate change and asserting that they should financially contribute to climate adaptation measures. Legal experts note a reversal of the intent behind anti-SLAPP laws, which were implemented to protect public participation from legal intimidation. Assistant Professor of Law Nicole Ligon highlights this inversion, suggesting that the oil industry’s interpretation seeks to dismiss claims they view as unfounded.As pressure mounts on the oil sector from nearly 40 lawsuits filed since 2017, industry representatives portray these lawsuits as existential threats. The stakes are high, with potential damages running into the billions. Moreover, the situation has gained prominence amid efforts from the Trump administration to stifle such legal actions, which included a preemptive lawsuit to obstruct Hawaii and Michigan from initiating similar climate-related suits. Despite these government interventions, Hawaii has proceeded with its actions, and Michigan remains firm in its intentions to sue.
