In Conservation Law Foundation’s (CLF’s) citizen suit alleging that Shell defendants failed to prepare a bulk storage and fuel terminal in the Port of Providence (Providence Terminal) for the impacts of climate change, the federal district court for the District of Rhode Island granted in part and denied in part each side’s motion to compel discovery. The court ruled that Shell must provide factual responses to questions regarding the defendants’ “knowledge and intent in designing, constructing and operating the Terminal with regard to specified flood/storm risks,” rejecting the argument that the documents and admissions sought were more appropriate for expert discovery. The court also rejected the Shell defendants’ contention that requested documents related generally to climate change and not restricted to the Providence Terminal were not relevant. The found, however, that CLF’s request for admissions about what is “possible” called for “irrelevant speculation.” Regarding the Shell defendants’ requests for documents related to “CLF’s institutional knowledge, fundraising, advocacy and communications,” the court found that the discovery was not relevant to the claims and defenses in issue and that to the extent it was “peripherally relevant” was “hopelessly overbroad,” though the court left open that possibility that such information could be relevant and proportional in a different circumstance. The court said both CLF and the Shell defendants could not refuse to respond based on the purported vagueness of requests, finding that the parties must respond based on their reasonable understandings of the requests.

Citizen suit alleging that Shell Oil violated the Clean Water Act and the Resource Conservation and Recovery Act by failing to prepare a bulk storage and fuel terminal in Providence, Rhode Island, for climate change impacts.

Conservation Law Foundation, Inc. v. Shell Oil Products US

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Rhode Island Federal Court Said Discovery of General Climate Change Information Was Relevant in Adaptation Case Regarding Providence Terminal

Filed

United States of America

Rhode Island

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Area of the economy in which actors engage in identical or related activities.

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Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

Rhode Island Federal Court Said Discovery of General Climate Change Information Was Relevant in Adaptation Case Regarding Providence Terminal

Risk

Fossil fuel

Economic sector