Nessel says Michigan plans to sue fossil fuel industry over climate change impacts

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.