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The Conversation
The Conversation
Alejandro E. Camacho, Professor of Law, University of California, Los Angeles

The US Constitution and laws do not protect oil companies from being sued over the harm they cause to the climate

Across the U.S., people are calling for companies to pay for the damage they have done to the environment. Alex Kent/AFP via Getty Images

In recent years, at least two dozen local and state governments have sued petroleum companies to recover the billions in costs they have incurred responding to and rebuilding after flooding, storms and wildfires – all of which have been worsened by changes to the climate resulting from burning fossil fuels.

Most of these lawsuits, often filed in state courts, make a simple claim: Fossil fuel companies knew for decades that their products were harmful but concealed that fact to protect their profits. The lawsuits ask judges to order companies that have profited from the extraction and sale of fossil fuels to pay for the costs their products have imposed on the taxpaying public.

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