In re Fuel Industry Climate Cases
Opinion
Opinion
Petrou, J.
BACKGROUND
From the 1980’s to the mid-2000’s, Citgo was one of numerous entities participating in the purchase, distribution, and sale of fossil fuel products in California. Plaintiffs contend Citgo and other defendants 2—identified as “vertically integrated extractors, producers, refiners, manufacturers, distributors, promoters, marketers, and sellers of fossil fuel products”—were aware of the impact of those fossil fuels on Earth’s climate. Plaintiffs assert that, rather than warning consumers of these dangers, defendants have “mounted disinformation campaigns” to protect their investments by undermining scientific data on climate change, creating doubt about the consequences of burning fossil fuels, and delaying transitions away from using fossil fuels. Plaintiffs filed identical complaints against all defendants alleging seven causes of action: (1) public nuisance on behalf of the People of the State of California; (2) public nuisance on behalf of the plaintiff; (3) strict liability – failure to warn; (4) private nuisance; (5) negligence; (6) negligence – failure to warn; and (7) trespass. The complaint alleges greenhouse gas pollution from
2 The defendants as named in the…