Climate lawsuits regarding so-called “public nuisance” and “deception,” filed in dozens of states and municipalities across the nation, disincentivize companies from pursuing net-zero greenhouse gas emission goals. Given this reality and a mountain of flaws with the legal claims, Chicago officials should reject any pleas to file meritless litigation against energy producers.
With the U.S. Supreme Court recently turning down the appeal of energy companies to hear whether the suits should be heard in state or federal courts, it opens the door for many other opportunistic states to file suits. In anticipation of that decision, a Chicago alderman advocated for the city to join the fray. Doing so would be frivolous and deeply counterproductive to the communities across our state.
Lawyers elsewhere are creating copycat lawsuits for communities to file nearly identical claims against energy producers. The cases aren’t specific to the state or focused on helping fix damaged infrastructure.
More than 20 lawsuits are being litigated around the country. The allegations have no merit, and if anything, would just enrich trial attorneys.
Oil and gas production is a major industry in Illinois. According to state statistics, Illinois has more than 32,000 oil and gas production wells, in 45 of its 102 counties. Most of the production is based in the southern half of Illinois. Production averages more than 9 million barrels per year.
Refineries are located in Channahon, Robinson, Romeoville and Roxana. Illinois also is home to the Patoka Oil Terminal, the second-largest pipeline terminal in the Midwest.
Illinois is highly dependent on oil and gas, and a great deal is needed for the city of Chicago to operate. Chicago is home to the nation’s fourth busiest commercial airport and second largest rail network. The state plays a vital role in the nation’s economy and largely depends on fossil fuels for its major industries.
Indeed, Illinois is the fifth-largest energy-consuming state, and its industrial sector (petroleum, coal, and agriculture) uses the most energy of any end-use sector in the state. It also has the largest number of nuclear power plants in the U.S., as well as the only chemical facility that converts uranium yellowcake into uranium hexafluoride (a step in making nuclear fuel).
In short, it’s nonsense to allege that Chicago officials and residents have somehow been “deceived” into consuming oil and gas.
The city of Chicago already has committed to working toward running entirely on renewable electricity by 2026. Local officials are working with the energy company Constellation toward that goal. These are the partnerships and projects that are worthy of time and effort, not long, drawn-out lawsuits, whose claims have consistently been dismissed by federal judges for years.
Clearly, partnering with the energy industry and focusing on green solutions is the way forward, not baseless lawsuits that benefit trial attorneys more than anything else.
Nick Vlahos, a Chicago native, is a freelance journalist and former reporter with the Journal Star in Peoria, who wrote the piece for Capital Policy Analytics, a Washington D.C. consulting firm.