Estado Libre Asociado de Puerto Rico v. Exxon Mobil Corp.

The Commonwealth of Puerto Rico filed a complaint in the Puerto Rico Court of First Instance alleging that fossil fuel industry defendants engaged in “successful climate deception campaigns” that misled consumers and the public about the impacts of greenhouse gas emissions from fossil fuels, which “had the purpose and effect of inflating and sustaining the market for fossil fuels and delaying the transition to lower carbon energy sources, which—in turn—drove up greenhouse gas emissions, accelerated global warming, and brought about devastating climate change consequences in the Commonwealth.” The complaint alleged that Puerto Rico and its residents have already incurred substantial expenses to clean up climate change-induced disasters like Hurricanes Irma and Maria, and will continue to spend substantial sums to adapt to the future consequences of climate change, such as sea level rise, extreme heat events, more frequent and intense storms, and ocean acidification. Puerto Rico alleged that the “Defendants’ tortious and deceptive conduct” exacerbated climate change in Puerto Rico, without which “the current physical and environmental changes caused by global warming would have been far less than those observed to date” and the “effects that will occur in the future would also be far less detrimental or would be avoided entirely.” The complaint asserted six causes of action: public nuisance, violations of the Environmental Public Policy Law, negligence and wrongful conduct, strict liability for failure to warn, punitive damages, and deceptive trade practices in violation of Puerto Rico’s Antitrust Law. The complaint requested compensatory damages; equitable relief, including abatement of the nuisances; punitive damages; injunctive relief; and the costs of suit.