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Written by: Patrick Parenteau, Vermont Law & Graduate School and John Dernbach, Widener University

Published: 24 May 2023

 

Honolulu has lost more than 5 miles of its famous beaches to sea level rise and storm surges. Sunny-day flooding during high tides makes many city roads impassable, and water mains for the public drinking water system are corroding from saltwater because of sea level rise.

The damage has left the city and county spending millions of dollars on repairs and infrastructure to try to adapt to the rising risks.

Future costs will almost certainly be higher. More than US$19 billion in property value, at today’s dollars, is at risk by 2100 from projected sea level rise, driven by greenhouse gas emissions largely from the burning of fossil fuels. Elsewhere in Honolulu County, which covers all of Oahu, many coastal communities will be cut off or uninhabitable.

Unwilling to have their taxpayers bear the full brunt of these costs, the city and county sued Sunoco LP, Exxon Mobil Corp. and other big oil companies in 2020.

Their case – one of more than two dozen involving U.S. cities, counties and states suing the oil industry over climate change – just got a break from the U.S. Supreme Court. That has significantly increased their odds of succeeding.

Suing over the cost of climate change

At stake in all of these cases is who pays for the staggering cost of a changing climate.

Local and state governments that are suing want to hold the major oil companies responsible for the costs of responding to disasters that scientists are increasingly able to attribute to climate disruption and tie back to the fossil fuel industry. Several of the plaintiffs accuse the companies of lying to the public about their products’ risks in violation of state or local consumer protection laws that prohibit false advertising.

The governments in the Honolulu case allege that the oil companies “are directly responsible” for a substantial rise in carbon dioxide emissions that have been driving climate change. They say the companies should contribute their fair share to defray some of the costs.

The gist of Honolulu’s complaint is that the big oil companies have known for decades that their products cause climate change, yet their public statements continued to sow doubts about what was known, and they failed to warn their customers, investors and the public about the dangers posed by their products.

Were it not for this deception, the lawsuit says, the city and county would not be facing mounting costs of abating the damage from climate change.

Importantly, the complaint is based on state – not federal – law. It alleges that the defendants have violated established common law rules long recognized by the courts involving nuisance, failure to warn and trespass.

The city and county want the companies to help fund climate adaptation measures – everything from building seawalls and raising buildings to buying flood-prone properties and restoring beaches and dunes.

Supreme Court could have killed these cases

Not surprisingly, the oil companies have thrown their vast legal resources into fighting these cases.

On April 24, however, they lost one of their most powerful arguments.

The U.S. Supreme Court declined to hear challenges in the Hawaii case and four others involving the seemingly technical question of which court should hear these cases: state or federal.

The oil companies had “removed” the cases from state court to federal court, arguing that damage lawsuits for climate change go beyond the limits of state law and are governed by federal law.

That theory would have derailed all five cases – because there is no federal common law for greenhouse gases.

The court made that position clear in 2011 in American Electric Power Co. v. Connecticut. Several state and local governments had sued five major power companies for violating the federal common law of interstate nuisance and asked for a court order forcing these companies to reduce their emissions. The Supreme Court refused, holding that the federal Clean Air Act displaced federal common law for these gases.

In Native Village of Kivalina v. Exxon Mobil Corp., a federal court of appeals extended that holding to also bar claims for monetary damages based on federal common law.

To avoid this fate, Honolulu and the other plaintiffs focused on violations of state law, not federal law. Without exception, the federal courts of appeals sided with them and sent the cases back to state court.

What happens next?

The Honolulu case leads the pack at this point.

In 2022, the 1st Circuit Court in Hawaii denied the oil companies’ motion to dismiss the case based on the argument that the Clean Air Act also preempts state common law. This could open the door for discovery to begin sometime this year.

In discovery, senior corporate officers – perhaps including former Exxon Mobil CEO Rex Tillerson, who was secretary of state under Donald Trump – will be required to answer questions under oath about what the companies knew about climate change versus what they disclosed to the public.

Evidence from Exxon documents, described in a recent study by science historians Naomi Oreskes and Geoffrey Supran, shows that the company’s own scientists “knew as much as academic and government scientists knew” about climate change going back decades. But instead of communicating what they knew, “Exxon worked to deny it,” Supran and Oreskes write. The company overemphasized uncertainties and cast doubt on climate models.

This is the kind of evidence that could sway a jury. The standard of proof in a civil case like Honolulu’s is “preponderance of the evidence,” which roughly translates to 51%. Ten of the 12 jurors must agree on a verdict.

Any verdict likely would be appealed, perhaps all the way to the U.S. Supreme Court, and it could be years before the Honolulu case is resolved.

Lawsuits don’t begin to cover the damage

It is unlikely that even substantial verdicts in these cases will come close to covering the full costs of damage from climate change.

According to the National Oceanic and Atmospheric Administration, in 2022 alone the U.S. sustained 18 weather and climate disasters that each exceeded $1 billion in damage. Together, they cost over $165 billion.

But for many of the communities most at risk from these disasters, every penny counts. We believe establishing the oil companies’ responsibility may also discourage further investments in fossil fuel production by banks and brokerage houses already nervous about the financial risks of climate disruption.

Patrick Parenteau, Professor of Law Emeritus, Vermont Law & Graduate School and John Dernbach, Professor of Law, Widener University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Written by: LAKE COUNTY NEWS REPORTS

Published: 23 May 2023

CLEARLAKE OAKS, Calif. — The 39th Annual Catfish Derby drew 958 anglers — children and adults — this past weekend for the three-day event in Clearlake Oaks.

Many brought along their immediate and extended families and friends and most came in from outside of Lake County.

Derby Committee Chair Dennis Locke credited the lake conditions for the crowds. “These are the best lake conditions in my memory and we had a near record high for the total number of anglers registered.”

Locke said considering those that attended but didn’t fish the derby likely drew in well over 1,000 visitors. “That’s a real boost to our local economy,” he said.

There are other catfishing derbies but none that bear the distinction of being the largest of its kind west of the Mississippi and occurring in an ancient lake considered the largest fresh warm water lake in the nation, Locke said.

The annual three-day derby is definitely a family affair and, for some, a long-time tradition. Locke estimates 80% fish as families.

Most that registered to fish, 60%, came from outside of Lake County, some traveling great distances to get here, as far away as Tennessee.

Many brought along family members that didn’t register to fish but who came to cheer on their dads, moms, sisters, brothers, cousins, and friends — and to enjoy the natural beauty of the area, especially the lake.

“It’s beautiful here; my entire family fishes the derby,” said Jeremy Cain, this year’s first place winner with his 25.87-pound catch.

Cain said his 8-year-old son registered as an adult and brought in an 18 pounder. “Neither he, my daughter or wife placed this year but we’ll be back next year for another try.”

Cain has been fishing with his dad since he was a youngster. “My dad’s here with us,” he said. “We were surprised to win and have no idea what we’ll do with the $5,000 prize money. We love the environment here and as much as anything we come for fun and relaxation. The cash is icing on the cake.”

In the 11- to 15-year-old category, Cruz Gomez from Clearlake was the lucky winner with his 20.28-pound catch.

Cruz said he wanted to give a shout out to his brother-in-law, Orin, for the good bait. “It’s a secret family recipe,” he said.

Cruz is a first-time derby participant. “My sister placed last year and encouraged me to enter. I’m glad she did and I will definitely come back next year,” he said.

As to what Cruz will do with his $100 prize money, “I’ll probably put it towards a new phone,” he said.

Ten-year-old Alani Hickison from Sacramento won first prize in the “up to 10 years” category with her 19.69-pound catch.

She wasn’t present at the awards ceremony but her $100 prize money will be mailed to her, said Locke.

During the awards ceremony, Locke acknowledged two families — the Lanes and the Parishes.

“The Lane family hails from Oregon, they have been coming for 17 years. They represent four generations and we’re happy to see them here again,” he said.

As for the Parish family, this was a very special and somewhat emotional year. Kevin Parish Jr., the anointed leader of the group, said they were honoring the legacy of his father, Albert Parish Sr, who recently passed away and had led the pilgrimage to the derby for 18 years.

“There are 15 of us here this year,” Parish said.

Nine-year-old Nicholas Hughes Jr., the youngest of the group, placed second in the up to 10-year category with his 18.90-pound catch. “Nicholas is from Muskogee, Oklahoma,” Parish said.

“We’re from all over; Oklahoma, Kentucky, Tennessee, Texas and Southern California — Riverside, San Bernardino, and Los Angeles counties,” he said.

“We’ll be back next year, count on it,” Parish said. “It’s a family tradition and what my father would want us to do.”

Sponsored by the Clearlake Oaks-Glenhaven Business Association, the proceeds from this year’s event — $25,000 — will again be returned to the community to support school academic and sports programs, elder needs and more.

Association President Alvaro Valencia reminded everyone to thank the many volunteers who helped put on the 3-day event, also noting Locke’s leadership.

“He undoubtedly pulled some very long nights to make sure every detail was attended to and the results are outstanding,” Valencia said. “It’s a lot of work, but also fun. We are especially proud to host an event that brings families together. I like to think that families who fish together stay together.”

Locke also thanked and acknowledged the over 60 volunteers who worked long hours to run this year’s derby.

“There are always questions after the derby so call us at 707-596-0248 and we’ll respond,” Locke said. “Just give us a couple of days to rest up.”

For photos, final results and other details about the derby, visit www.clearlakeoaks.org/derby and catch some of the day-to-day postings and stories on the derby Facebook page, Catfish Derby in the Oaks.

2023 Catfish Derby Summary[11662] by LakeCoNews on Scribd

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Written by: Elizabeth Larson

Published: 23 May 2023

LAKE COUNTY, Calif. — A woman who authorities said fatally stabbed her boyfriend last week has been charged with murder.

Melinda Mildred Fred, 39, is being held on $1 million bail for the killing of 36-year-old Christopher Aaron Burrows.

Lake County Sheriff’s deputies responded to a report of a stabbing on Red Feather Lane in Lakeport at 4:40 a.m. May 16.

Deputies found Burrows lying on the ground with a single stab wound. Despite the efforts of deputies and paramedics, Burrows died of his injuries at the scene. Fred was arrested hours later.

Chief Deputy District Attorney Richard Hinchcliff told Lake County News that the investigation so far has confirmed that Burrows was Fred’s boyfriend.

Hinchcliff said Fred has been charged with murder, assault with a deadly weapon and domestic violence.

As for the motive in the killing, “Right now it’s still speculation,” said Hinchcliff. “There’s still investigation going on.”

At her May 18 arraignment, Fred’s bail was set at $1 million and defense attorney Tom Quinn was appointed to represent her, Hinchcliff said.

Hinchcliff said Fred will appear in Lake County Superior Court’s Department 3 at 8:15 a.m. Tuesday for the appearance of counsel and entry of her plea.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.