1. Big Oil Claims Move Forward, But Face Problems
In recent years, more than 70 U.S. states, cities and other subnational governments have sued the major oil company for alleged climate deception. This year, courts have repeatedly rejected efforts by fossil fuel industry representatives to block the cases. Supreme Court rejects murder petition Honolulu Langitand rejected an unusual offer from red states to block the cases. During the year, state courts also blocked attempts to dismiss cases or transfer them to federal courts, which are seen as more favorable to oil interests.
But problems against Big Oil also faces stumbling blocks. Puerto Rico in May voluntarily dismissed his 2024 lawsuit under pressure. Charleston, South Carolina, also declined to appeal after it was denied.
The Supreme Court is expected to decide in the coming weeks whether it will hear a climate lawsuit filed by Boulder, Colorado, against two major oil companies. Their decision could encourage or discourage litigation over climate change liability.
“So far, oil companies have been unsuccessful in trying to get these cases dismissed,” said Richard Wiles, president of the Center for Climate Integrity, which is supporting the lawsuit against the industry. “The question is, will this change Boulder?”
After the Colorado Supreme Court refused to dismiss the lawsuit, the energy companies filed suit. petition The Supreme Court is asking them to dismiss the case on the grounds that it preempts federal laws. If the high court declines to hear the petition—or accepts it and rules in favor of the plaintiffs—it could be a boon for climate liability cases. But if the justices agree with the oil companies, it could throw out Boulder's case—and more than a dozen others that have made similar claims.
It will be a “significant challenge,” Wiles said, “but the wave of litigation will not end there.”
“This will not mean the end of big oil companies being held accountable in court,” he said.
The American Petroleum Institute, the nation's largest oil lobbying group, did not respond to requests for comment.
2. New and unusual litigation
In 2025, climate change liability litigation broke new ground as Americans used new legal strategies to sue major oil companies. In May, a Washington woman filed the first-ever wrongful death lawsuit against major oil companies, alleging that the industry's climate negligence contributed to the death of her mother during a deadly heat wave. And in November, residents of Washington brought class action claim that deception in the fossil fuel sector has led to a climate-driven surge in homeowners insurance costs.
“These new cases reflect the realities of climate damage and force the legal system to take full responsibility,” Merner said.
Hawaii this year also became the 10th state to sue major oil companies over alleged climate deception, filing the suit just hours after the Justice Department took the unusual step of suing Hawaii and Michigan over their plans to bring the lawsuit. It was a “clear and powerful rebuff” to Trump's bullying, Merner said.
3. Accountability Shield
Major oil companies have stepped up their efforts this year to avoid liability for their past actions, Wiles said. They were helped by allies such as Trump, who signed decree direct the Department of Justice to cease climate liability and similar litigation policy.
In July, members of Congress also tried to cut off Washington's access to funding to enforce its consumer protection laws “against oil and gas companies for environmental claims” by inserting language into a proposed House bill. appropriations bill. The committee adopted this version of the text, but the full House never voted on it.
2025 also brought increasing evidence that major oil companies are aiming for federal liability shieldwhich may resemble 2005 law that's pretty much it isolated arms industry from lawsuits. In June, 16 Republican state attorneys general asked the Ministry of Justice to help create a “liability shield” for fossil fuel companies against climate lawsuits, New York Times reported. The lobbying disclosure also shows that the nation's largest oil trading group, as well as energy giant ConocoPhillips, are lobbying Congress for legislation on the topic. according to in Inside Climate News.
Such a waiver could potentially free the industry from virtually all climate change-related litigation. The battle is expected to get even hotter next year.
“We expect that they will be able to put language granting them immunity into some mandatory legislation,” Wiles said. “We think that's the way they're going to play it, so we've talked to every single person on the Democratic side to make sure they watch that language.”
4. What to watch in 2026: plastics and cases for extreme weather conditions
Despite the challenges ahead, 2026 will almost certainly bring more climate liability lawsuits, not just against big oil companies but against other emitting companies as well. New York's Attorney General won a major victory this year. security $1.1 million payout from world's largest meat company JBS alleged “greenwashing”. Merner said the victory could spur more cases, noting that many similar lawsuits have been filed overseas.
Wiles expects there will be more cases accusing oil companies of deception about plastic pollution, as in California. filed last year. He also expects an increase in lawsuits focusing on damages caused by specific extreme weather events, made possible by advances in attribution science that links specific disasters to global warming. Researchers and law firms are also developing new theories targeting the industry, with groundbreaking cases likely to be filed in 2026.
“Companies have behaved terribly for decades, which creates accountability on many fronts,” he said. “We haven’t even scratched the surface of the many ways they can be held legally accountable for their behavior.”
