Climate strike at the Michigan Capitol, Sept. 20, 2019 | Laina G. Stebbins
Michigan is expected to become the latest state to file litigation against the fossil fuel industry over the impact of climate change.
On Thursday, Michigan Attorney General Dana Nessel announced her office will begin seeking proposals from attorneys and law firms to serve as Special Assistant Attorneys General to pursue litigation related to the climate change impacts on Michigan caused by the fossil fuel industry.
“Our ‘Pure Michigan’ identity is under threat from the effects of climate change,” Nessel said. “Warmer temperatures are shrinking ski seasons in the U.P. and disrupting the wonderful blooms of Holland’s Tulip Time Festival. Severe weather events are on the rise. These impacts threaten not only our way of life but also our economy and pose long-term risks to Michigan’s thriving agribusiness.”
Richard Wiles, president of the Center for Climate Integrity, released a statement in support of the announcement.
“Big Oil knew decades ago that their products would cause catastrophic climate change, but instead of doing the right thing they lied about it. The people of Michigan deserve their day in court to make these companies pay for the massive harm they knowingly caused,” said Wiles.
According to a Stateline report last month, Wiles’ group has tracked 32 cases filed by state attorneys general, cities, counties and tribal nations against companies including Exxon Mobil, BP and Shell. Citing investigations by the Los Angeles Times and Inside Climate News, the lawsuits argue that research by the oil companies themselves predicted decades ago the impacts of climate change, all the while working to undermine scientific consensus about the crisis.
While experts predict it could be decades before there’s a resolution to the lawsuits, environmental advocates hope the initial slate of trials could lead to a “tidal wave” of new cases, similar to the nationwide push that forced tobacco companies to pay billions under a settlement reached in the 1990s.
Pat Parenteau, an emeritus professor of environmental law at Vermont Law School, told Stateline that perseverance will be the key as oil companies have deep pockets to fight off the lawsuits.
“The real test for the plaintiffs is whether they can compete and fight tooth and nail for years. It’s a war of attrition. That’s what Exxon’s counting on,” Parenteau said.
Regardless, Nessel said the industry’s culpability is clear.
“The fossil fuel industry, despite knowing about these consequences, prioritized profits over people and the environment,” she said. “Pursuing this litigation will allow us to recoup our costs and hold those responsible for jeopardizing Michigan’s economic future and way of life accountable.”
According to a press release, the department is seeking proposals from attorneys and law firms with experience and interest in pursuing constitutional, statutory, tort and other applicable common law claims against the fossil fuel industry.
“Proposals will be accepted through a blind-bid process, with contracts being awarded based on the best value to the State, considering qualifications, experience, abilities, capacity, and cost-effectiveness,” states the release. “The Attorney General will make the final decision based on recommendations from Department staff, ensuring an objective selection process that maintains bidder anonymity.”
A list of the attorneys and law firms that are selected will be posted on the department’s website with compensation provided on a contingency fee basis.
SUPPORT NEWS YOU TRUST.
by Jon King, Michigan Advance
May 10, 2024
by Jon King, Michigan Advance
May 10, 2024
Michigan is expected to become the latest state to file litigation against the fossil fuel industry over the impact of climate change.
On Thursday, Michigan Attorney General Dana Nessel announced her office will begin seeking proposals from attorneys and law firms to serve as Special Assistant Attorneys General to pursue litigation related to the climate change impacts on Michigan caused by the fossil fuel industry.
“Our ‘Pure Michigan’ identity is under threat from the effects of climate change,” Nessel said. “Warmer temperatures are shrinking ski seasons in the U.P. and disrupting the wonderful blooms of Holland’s Tulip Time Festival. Severe weather events are on the rise. These impacts threaten not only our way of life but also our economy and pose long-term risks to Michigan’s thriving agribusiness.”
Richard Wiles, president of the Center for Climate Integrity, released a statement in support of the announcement.
“Big Oil knew decades ago that their products would cause catastrophic climate change, but instead of doing the right thing they lied about it. The people of Michigan deserve their day in court to make these companies pay for the massive harm they knowingly caused,” said Wiles.
According to a Stateline report last month, Wiles’ group has tracked 32 cases filed by state attorneys general, cities, counties and tribal nations against companies including Exxon Mobil, BP and Shell. Citing investigations by the Los Angeles Times and Inside Climate News, the lawsuits argue that research by the oil companies themselves predicted decades ago the impacts of climate change, all the while working to undermine scientific consensus about the crisis.
While experts predict it could be decades before there’s a resolution to the lawsuits, environmental advocates hope the initial slate of trials could lead to a “tidal wave” of new cases, similar to the nationwide push that forced tobacco companies to pay billions under a settlement reached in the 1990s.
Pat Parenteau, an emeritus professor of environmental law at Vermont Law School, told Stateline that perseverance will be the key as oil companies have deep pockets to fight off the lawsuits.
“The real test for the plaintiffs is whether they can compete and fight tooth and nail for years. It’s a war of attrition. That’s what Exxon’s counting on,” Parenteau said.
Regardless, Nessel said the industry’s culpability is clear.
“The fossil fuel industry, despite knowing about these consequences, prioritized profits over people and the environment,” she said. “Pursuing this litigation will allow us to recoup our costs and hold those responsible for jeopardizing Michigan’s economic future and way of life accountable.”
According to a press release, the department is seeking proposals from attorneys and law firms with experience and interest in pursuing constitutional, statutory, tort and other applicable common law claims against the fossil fuel industry.
“Proposals will be accepted through a blind-bid process, with contracts being awarded based on the best value to the State, considering qualifications, experience, abilities, capacity, and cost-effectiveness,” states the release. “The Attorney General will make the final decision based on recommendations from Department staff, ensuring an objective selection process that maintains bidder anonymity.”
A list of the attorneys and law firms that are selected will be posted on the department’s website with compensation provided on a contingency fee basis.
SUPPORT NEWS YOU TRUST.
Michigan Advance is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Michigan Advance maintains editorial independence. Contact Editor Susan J. Demas for questions: info@michiganadvance.com. Follow Michigan Advance on Facebook and Twitter.
Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website. AP and Getty images may not be republished. Please see our republishing guidelines for use of any other photos and graphics.
Jon King is the Senior Reporter for the Michigan Advance and has been a journalist for more than 35 years. He is the Past President of the Michigan Associated Press Media Editors Association and has been recognized for excellence numerous times, most recently in 2022 with the Best Investigative Story by the Michigan Association of Broadcasters. He is also an adjunct faculty member at Cleary University. Jon and his family live in Howell.
Michigan Advance is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
DEMOCRACY TOOLKIT
© Michigan Advance, 2024
v1.16.0
Corporate media aren’t cutting it. The Michigan Advance is a nonprofit outlet featuring hard-hitting reporting on politics and policy and the best progressive commentary in the state.
We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website.
© Michigan Advance, 2024