County of San Mateo v. Chevron Corp.

Three local governments in California filed separate lawsuits in California Superior Court against fossil fuel companies. They claimed that the fossil fuel industry knowingly contributed to climate change which threatens coastal California communities. This case is one of the U.S. local government cases against the fossil fuel industry in pursuit of damages associated with the cost of adapting to climate change.

Background
Three local governments in California (San Mateo County, Marin County, and the City of Imperial Beach) filed separate lawsuits in California Superior Court alleging that fossil fuel companies’ “production, promotion, marketing, and use of fossil fuel products, simultaneous concealment of the known hazards of those products, and their championing of anti-regulation and anti-science campaigns, actually and proximately caused” injuries to the plaintiffs, including more frequent and more severe flooding and sea level rise that jeopardized infrastructure, beaches, schools, and communities. Their complaints included claims for public nuisance, strict liability for failure to warn, strict liability for design defect, private nuisance, negligence, negligent failure to warn, and trespass. The relief sought by the local governments includes compensatory damages, abatement of the alleged nuisance, attorneys’ fees, punitive damages, and disgorgement of profits.

This is one of numerous lawsuits brought by US cities, counties, and states against the fossil fuel industry seeking damages for knowingly causing climate change. The proceedings so far have focused on jurisdiction, namely whether the case should be heard in state or federal court.

Relevant Law and Principles

 * Public Nuisance
 * Negligence
 * Failure to Warn

Ruling
Most recently, the Ninth Circuit Court remanded the case to California State Court. The fossil fuel companies have appealed to the US Supreme Court. On January 19th, 2021 the United States Supreme Court heard oral arguments in Baltimore v. BP which raises the same jurisdictional issues.

Takeaways
One of the many local and state claims made against the fossil fuel industry. Like many of these cases, the matter currently awaits a U.S. Supreme Court decision in the Baltimore v. BP case.

Links

 * Sabin Center database