King County v. BP p.l.c.

From Climate Litigation

King County in Washington State brought a public nuisance suit against five fossil fuel companies seeking funding of a climate change adaptation program. 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[edit]

In 2018, King County in Washington State joined a number of U.S. local and state governments in suing fossil fuel companies for damages associated with the costs of adapting to climate change. The public nuisance and trespass action was filed in Washington Superior Court against the world's five largest investor owned fossil fuel companies.

The County accused the fossil fuel companies of producing and promoting the use of massive amounts of fossil fuels despite knowing for many years the risks associated with them. The County alleged that global warming was already causing impacts including warming temperatures, acidifying marine waters, rising seas, increasing flooding risk, decreasing mountain snowpack, and less water in the summer. The County sought an abatement requiring the fossil fuel companies to fund a climate adaptation program as well as damages for costs already incurred.

After the case was filed in state court, the fossil fuel companies removed the case to federal court and sought a dismissal. The County requested and was granted a stay until the Ninth Circuit Court had decided in the case Oakland v. BP.

Relevant Laws and Principles[edit]

  • Public Nuisance
  • Clean Air Act

Status[edit]

The case is currently stayed pending either a response to the writ of certiorari in the City of Oakland v. BP p.l.c. case or a ruling by the Supreme Court in the Baltimore v. BP case.

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