Washington must hold climate polluters accountable
Unprecedented and deadly heat waves. Stronger storms and coastal flooding. Worsening droughts and extreme weather that threaten our health, agriculture, and economy, from the streets of my district to the farms and fisheries across our state. Washingtonians are seeing sign after sign of the accelerating climate crisis that the United Nations recently called “code red for humanity.”
As a former federal prosecutor, I look for the catalyst of this devastation, and ask who bears responsibility. The truth is, we did not all equally contribute to climate change. Giant fossil fuel corporations and their executives, who were warned decades ago that the emissions from their products were likely to cause “globally catastrophic events,” lied to the public, funded climate denial while protecting their own business operations, and continue to deceive consumers about their central role in the crisis.
Washington’s leaders are taking action to stem the damage and put our state on a path to being more resilient and sustainable. My colleagues and I passed measures to reduce the emissions that drive climate change and speed a just transition to a green economy for all. But true justice must include holding accountable those who knowingly caused this crisis and ensuring that our residents aren’t left holding the entire bill for the resulting costs.
For that reason, I believe it’s time for Washington to do our part to make sure that the companies that caused and lied about climate change — while profiting from the products that drive it — are held accountable.
Evidence of the fossil fuel industry’s culpability, and the calls for justice, are growing by the day. The heads of ExxonMobil, Shell, Chevron, and BP were recently hauled in front of a congressional committee to answer for “a long-running, industry-wide campaign to spread disinformation about the role of fossil fuels in causing global warming.” They are now facing subpoenas after failing to produce key documents related to the investigation.
The congressional probe was sparked when an ExxonMobil lobbyist was recorded discussing how the oil giant employed “shadow groups” to fight climate science and lobby against climate policies that might threaten their “investments.” During the hearing, executives were asked, under oath, if they would pledge to stop funding efforts to oppose climate action, and their silence was further evidence of their culpability.
What can Washington do to hold these climate polluters accountable? Just as we did with tobacco and opioid companies — who also sold and marketed a dangerous product and lied about it — we can take them to court to make them pay for the harm they caused. Armed with growing evidence of the oil industry’s deception, more states are doing just that. Attorneys general across the country have filed lawsuits against climate polluters under state laws that protect residents from public health crises and consumers against fraud and deceptive practices. Despite the best efforts of Big Oil’s lawyers — many of whom defended Big Tobacco against similar charges — these cases are working their way toward trial.
Washington Attorney General Bob Ferguson has been a leader when it comes to corporate accountability, bringing lawsuits against opioid manufacturers and tech companies and supporting other states in their fight for climate accountability. I believe the time is ripe for Washington to take a fresh look at how the fossil fuel industry’s decades-long campaign of deception may have violated our state laws. King County voluntarily dropped one of the earliest municipal lawsuits against oil giants, but as a lawyer, I know every case is different, and new evidence and arguments can make all the difference.
Science is clear that fossil fuels are the root cause of climate change. Now it’s time to use the power of the law to seek recourse for the devastating harms that a small number of companies have caused so that Washingtonians aren’t left paying the price alone.
David Hackney is a Democratic state representative representing the 11th legislative district. A resident of Tukwila, he serves as vice chair of the House Capital Budget Committee and is a member of the Public Safety and Transportation committees. An employment attorney, he began his legal career as an Assistant United States Attorney for the U.S. Department of Justice.
This story was originally published January 16, 2022 at 5:00 AM.