State v. BP p.l.c.

The State of Maine filed a lawsuit in state court against major fossil fuel companies and American Petroleum Institute seeking to hold them liable for “devastating climate change impacts” that the State alleged were caused by the defendants’ “successful climate deception campaign.” The complaint alleged that the fossil fuel companies’ products contributed substantially to demand for fossil fuels and increase of carbon dioxide concentrations in the atmosphere, leading to climate change and physical, environmental, and socioeconomic impacts, including in Maine. The complaint alleged that injuries suffered by Maine included sea level rise, storm surge, extreme high tides and attendant flooding, warming and acidification of Gulf of Maine waters, more frequent and intense precipitation events and flooding, more “dangerously hot days,” increased transmission of vector-borne diseases, and reduced air quality, as well as economic threats to industries such as fishing, aquaculture, forestry, and tourism. Maine asserted causes of action for negligence, public nuisance, private nuisance, common law trespass, civil aiding and abetting, statutory nuisance, violation of the Maine Unfair Trade Practices Act, and strict liability for failure to warn under 14 M.R.S. § 221. The State requested compensatory and punitive damages; any other damages as permitted by law; civil penalties under the Unfair Trade Practices Act; disgorgement of profits; equitable relief, including abatement of the nuisance (such as through creation of a fund to pay for adaptation, mitigation, and resilience measures); other declaratory and injunctive relief; and costs, including attorney fees, courts costs, and other litigation expenses.