Nessel plans to sue oil and gas companies over Michigan's changing climate

Lansing — Michigan Attorney General Dana Nessel announced Thursday her intention to sue the fossil fuel industry for its role in changing Michigan's climate and threatening the state's environment, infrastructure, health and economy.

The oil and gas industry profited while knowingly selling products that cause climate change, Nessel’s office said in a document disclosing the coming lawsuits. The industry also deceived the public about climate change, Nessel alleged, leaving the state with the expenses of adapting to and recovering from the effects of warming.

"I don't know that there's a bigger issue facing the state of Michigan than climate change," Nessel said in an interview with The Detroit News. "We are talking about billions and billions of dollars in damages and we're already starting to see that on a day to day basis. We know this is only going to get worse."

With the suit, Michigan will join states such as Minnesota, New Jersey, Connecticut, Vermont, Rhode Island that have filed climate fraud lawsuits against oil and gas companies, alleging petroleum products played a central role in contributing to the climate crisis.

Those states largely have targeted the big players in oil and gas, such as BP, ExxonMobil and Shell, though Nessel said Michigan's suit likely will target the same players, but said her office wouldn't rule out including utilities or other related industries that emit climate-changing pollution.

Phil Goldberg, special counsel for the Manufacturers' Accountability Project at the National Association of Manufacturers, contended Nessel's plan has no legal merit. The trade organization, which represents fossil fuel giants Shell, ConocoPhillips and ExxonMobil, has fought back against other states' climate lawsuits, contending climate issues should be addressed by lawmakers instead of courts.

NAM's members include General Motors Co., American Axle & Manufacturing, Livonia-based construction supplies maker Masco Corp. and Midland-based chemical giant Dow Inc., among other manufacturers with operations in Michigan.

"We share AG Nessel's desire to address the challenge of climate change, but this litigation is not the type of action that is going to lead to meaningful solutions," Goldberg said.

Instead, Goldberg said climate change should be handled through developing sustainable energy technologies and public policies that support them.

A representative from the Michigan Oil and Gas Association could not immediately be reached for comment.

Nessel's office is working with other state departments to assess the costs associated with climate change, such as the cost of expanding storm water systems to handle flooding caused by stronger storms, responding to natural disasters or supporting northern Michigan tourism economies dealing with dwindling ice and snow.

"This is going to be a massive discovery effort to find out exactly what our Michigan damages are now already and what can we expect to see in the future as a result of climate change," she said.

Nessel likened the climate change suits to similar legal pursuits against PFAS manufacturers, tobacco companies and opioid manufacturers.

"Big oil caused these problems and they ought to pay the expenses related to these damages," Nessel told The News.

The Attorney General's office is seeking outside help from attorneys at private law firms with experience and interest in pursuing similar claims against the fossil fuel industry. The deadline for applications is June 5.

Nessel took a similar tact in suing drugmakers for the opioid crisis, farming out much of the work to outside law firms in Michigan, Texas and Florida.

Under Nessel's plan to sue the fossil fuel industry, the private lawyers would serve as special assistant attorneys general.

In her request for a special assistant attorney general, Nessel's office laid out some of the ways climate change impacts Michigan, such as fueling harmful algal blooms, welcoming invasive and disease-bearing pests, warmer temperatures, volatile weather, drought and more. Those issues cost Michigan money as the state responds to severe weather events, damages to state-owned properties and infrastructure and increased public health costs.

“The fossil fuel industry was aware of the negative impacts of extraction and use of fossil fuels, but continued to knowingly engage in business practices and conduct that harmed the public’s health, safety, and welfare and the environment,” the Attorney General’s office wrote in its request for a special assistant attorney general. “The fossil fuel industry also hid information and deceived the public and consumers, both in and outside of Michigan, about the role of their products in causing the global climate crisis.”

More:Tepid winter brought record-low seasonal ice coverage to Great Lakes

Average temperatures in the Great Lakes region have increased by 2.3 degrees since 1951, and are expected to increase another 3-6 degrees by 2050 and 6-11 degrees by 2100, according to GLISA, a collaboration between the University of Michigan, Michigan State University and National Oceanic and Atmospheric Administration. Winter warming is more pronounced.

Warmer temperatures cause stronger storms, put pressure on plants and animals that are suited for cooler environments, fuel harmful algal blooms and otherwise impact the Great Lakes.

The Center for Climate Integrity, a nonprofit that supports communities that launch legal claims against fossil fuel companies, has tracked dozens of similar lawsuits against the industry by states, tribal governments, communities and foundations. Some lawsuits, like the one filed last year by Multnomah County, Oregon, are pursuing damages based on events such as deadly heat waves, rising sea levels and increasing storms.

"Big Oil knew decades ago that their products would cause catastrophic climate change, but instead of doing the right thing they lied about it," said Richard Wiles, Center for Climate Integrity president. "The people of Michigan deserve their day in court to make these companies pay for the massive harm they knowingly caused."

ckthompson@detroitnews.com