The federal district court for the District of Rhode Island ruled that whether the terms of a permit for a bulk petroleum storage and distribution facility in Providence required consideration of climate change factors was a question of fact to be decided at trial. The court therefore denied the defendants’ motion for partial summary judgment dismissing three counts in a citizen suit brought by Conservation Law Foundation, Inc. The defendants had argued that the issuance by the Rhode Island Department of Environmental Management of a new Multi-Sector General Permit for Stormwater Discharge Associated with Industrial Activity in 2024 that explicitly imposed climate change-related obligations demonstrated that duties to consider climate change factors did not previously exist. The court concluded, however, that “whether the revised terms clarified a preexisting obligation or instead introduced an entirely new requirement is not a strictly legal exercise.” Instead, the court found that the answer to the question would depend on “facts surrounding regulatory practice, industry expectations, and what conditions were reasonably understood to fall within expected operational parameters of ‘Good Engineering Practices’ and ‘Best Management Practices’ at the time” (which were operative terms for the stormwater pollution prevention plan required by the facility’s permit). The defendants therefore failed to meet the initial burden of demonstrating no genuine dispute of material fact.

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 Issue of Facility Owner’s Obligation to Consider Climate Change Factors Was Question for Trial

Filed

United States of America

Rhode Island

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

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

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Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

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This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

This sector involves the distribution, treatment, and conservation of water resources.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

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Rhode Island Federal Court Said Issue of Facility Owner’s Obligation to Consider Climate Change Factors Was Question for Trial

Risk

Fossil fuel

Economic sector

Adaptation/resilience

Finance