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Vital climate tool or license to pollute? The battle over California’s first carbon capture project

News Feed
Tuesday, April 16, 2024

In summary Rural Latino communities are divided about the project, which would capture carbon from an oilfield and power plant — and allow an oil company to keep operating as the state struggles to slash greenhouse gases. In western Kern County, where rolling hills are punctuated by bobbing rigs, the state’s largest oil and gas producer is betting that a novel technology will stave off the extinction of California’s fossil fuel industry. The proposal has split this region, known as California’s oil country: Some want a future for oil and gas with less carbon emissions, while others insist that the polluting industries must go altogether. In a project that would be California’s first attempt to capture and sequester carbon, California Resources Corp. plans to collect emissions at its Elk Hills Oil and Gas Field, and then inject the gases more than a mile deep into a depleted oil reservoir. The goal is to keep carbon underground and out of the atmosphere, where it traps heat and contributes to climate change. Around the world, the race to build these carbon capture and storage projects is part of a broader bid by the oil and gas industry to remain viable in a world struggling to decarbonize. In California alone, federal officials are reviewing 13 proposals to build projects — most in the Central Valley — that would capture carbon dioxide spewed by oil operations, power plants and other facilities or remove it from the atmosphere, then inject it underground into wells.  Although California aims to phase out nearly all fossil fuels, Gov. Gavin Newsom’s administration said they must rely on carbon capture to eliminate millions of tons of greenhouse gases a year to meet its mandate of carbon-neutrality by 2045. The state may become even more reliant on this new technology than originally envisioned to stay on track in cutting planet-warming emissions.  “We have a very unique market in California, where you have a state government that’s pushing really in favor of an energy transition,” Francisco Leon, California Resources Corp.’s chief executive officer, said during a recent earnings call. “But we also have a state that has relied on oil and gas revenues to support the communities and to pave the roads, to pay for libraries and fire stations.” At its massive oilfield in Kern County, a few miles from the mostly Latino, low-income community of Buttonwillow, California Resources Corp. is seeking approval to inject 1.46 million metric tons of carbon dioxide a year over a 26-year period into an underground reservoir. That’s equivalent to the annual emissions of several hundred thousand gas-powered cars. The company hopes to expand to a second nearby reservoir once operations are underway.  The company needs permission from both the U.S. Environmental Protection Agency and the Kern County Board of Supervisors. Both are expected to make their decisions this year, and the company hopes to start its first carbon injections next year. Many residents and environmental justice groups oppose these projects because they allow oilfields, power plants and other industrial operations to keep emitting dangerous air pollutants in their communities. At the Kern County project, emissions of fine particles and gases that form smog would be “significant and unavoidable,” according to the county’s environmental impact report. “You’re locking in pollution infrastructure that should be phased out,” said Daniel Ress, an attorney with the Delano-based Center on Race, Poverty and the Environment. “This was designed by fossil fuel companies so that they can continue to profit off the climate crisis. They set this trap.” Taft Mayor Dave Noerr, who is standing next to a monument for oil workers, supports the carbon capture project. Photo by Larry Valenzuela, CalMatters/CatchLight Local Dave Noerr, mayor of the foothills town of Taft, about 8 miles from the project site, sees the technology as a gamechanger for Kern County: a way of hanging on to well-paying, middle class oil and gas jobs as California tackles climate change. The industry employs about 14,000 people in Kern County, which provides three-quarters of California’s oil. Signs of oil country are visible throughout Taft, a town of 7,000 people southwest of Bakersfield surrounded by thousands of sentinel-like oil rigs pumping day and night. A bronze monument depicting early 20th century work in the oilfields rises in a town square. Noerr’s office is located on the appropriately named Black Gold Court.  Noerr said California should lead the way with capture and storage technology so that developing countries can eventually adopt it at their high-polluting coal plants. “If we can learn how to do it, and do it right, on a commercial scale, right here, then we can help those people,” Noerr said. Sonia Sanchez, who lives a half hour drive to the north, in Buttonwillow, on the other side of the company’s oilfields, is more worried about the health of her son than the plight of coal plants overseas. Sanchez owns a notary business that offers document services to farm-laboring Latinos. California Resources Corp.’s pipelines and injection wells would be built just four miles from the closest home in Buttonwillow, and within 2.5 miles of the closest elementary school, according to the environmental impact report. Researchers have found connections between people living near oilfields and health effects, including respiratory problems, low birthweight babies and premature babies. Sonia Sanchez of Buttonwillow helps organize local opposition to the proposed carbon capture project in the Elk Hills oilfield near her community. Photo by Larry Valenzuela, CalMatters/CatchLight Local At a recent government hearing for the project held in Buttonwillow, Sanchez and others sported lime green T-shirts emblazoned with the words “Stop the Carbon Capture Scam.” Capturing carbon to extend the life of oilfields would keep endangering children, who “are still developing, they’re young,” Sanchez said. “We have to protect them.” Burying carbon more than a mile underground One of the most productive oilfields in America, the Elk Hills Oil and Gas Field sits amid  the winding, hilly terrain between Buttonwillow and Taft, some 30 miles west of Bakersfield. On a recent afternoon, trucks bustled in and out of the gated Elk Hills power plant. The plant dominates the remote, industrial landscape, with igloo-like structures rising in the distance. It’s in this oilfield in the heart of the San Joaquin Valley that California Resources Corp. plans to launch the state’s first experiment with storing carbon underground.  Carbon capture technology has been in use since the 1970s in other states and countries, often on coal-fired power plants, ventures that have been criticized as costly and complicated. In the United States, much of the carbon injected underground has been by energy companies to extract oil out wells, a practice banned by California in 2022. In many projects, a smokestack is equipped with a filtration system to capture greenhouse gases, which are then extracted and compressed, and then transported and stored, often underground.  Click to enlarge. Illustration by John Osborn D'Agostino, CalMatters Illustration by John Osborn D'Agostino, CalMatters The Kern County project would remove carbon dioxide from natural gas produced at the company’s oilfields before it is burned at the company’s medium-sized power plant, which provides energy for Pacific Gas & Electric. Carbon also would be captured from a proposed hydrogen plant and a direct air capture project that would use fans and filters to remove carbon dioxide from the atmosphere.  Richard Venn, a spokesman for California Resources Corp., declined to answer questions from CalMatters or allow company representatives to be interviewed about their project. Information came from EPA and Kern County documents as well as company materials. The company will build underground pipelines from the plants to the injection wells, spanning about six miles during the initial phase and about eight miles during a second phase, according to county documents. The project has received draft permits from the EPA for four injection wells. They are the first in the nation to be issued for a depleted oil and natural gas field, the company said in a press release. According to the draft permits, the carbon would be buried 6,000 feet below ground — more than a mile deep into the Monterey Formation, a massive geological structure that is a major source of California’s oil. California Resources Corp. has said the gas will be trapped, in part, by a 1,000-foot-thick rock layer called the Reef Ridge Shale, according to the documents. The EPA will require the company to monitor the wells for the rest of the century to guarantee that no groundwater is polluted. Initial examinations suggest there are no drinking water sources threatened by injecting carbon into the reservoir. But the project would use significant amounts of groundwater in a basin that already is overpumped, according to the environmental impact report. Left: Oil wells pump next to the Elk Hills Power Station. The proposed carbon capture project at the site would collect carbon emissions from the oilfield and power plant and then inject them underground. Right: Photos by Larry Valenzuela, CalMatters/CatchLight Local The company must take out a $33 million insurance policy and enact a number of other measures, including plugging 157 oil wells to ensure the carbon dioxide remains underground.  Carbon capture and storage could be big business for California Resources Corp., which has the most acres of privately held mineral rights in California.  In 2022 the company, which earned revenues of $2.8 billion last year, announced a $500 million investment from Brookfield Asset Management to pursue carbon storage projects. It has several other proposed capture projects in California and earlier this year it merged with Aera Energy, which had been lobbying for policies promoting carbon capture in California and pursuing its own project. California Resources Corp. said it plans to offset some of its costs with tax credits provided in the Inflation Reduction Act of 2022 and could qualify for some state subsidies. Capturing carbon remains expensive and so far is used only on a small scale. Worldwide last year 41 facilities were operating and 351 were under development, according to an annual report by the think-tank Global Carbon Capture and Storage Institute. Pavel Molchanov, an analyst with investment bank Raymond James, recently called carbon capture “niche” and said it only reduced greenhouse gases by a “rounding error,” with 0.1% of global emissions captured and stored last year. He said it’s quicker and easier to shut down fossil fuel facilities and shift to cleaner electricity. Climate experts say the technology can play an important role in reducing emissions. The United Nations’ Intergovernmental Panel on Climate Change has said carbon capture can be part of the net-zero energy transition along with significant reductions in fossil fuel use.  Gov. Gavin Newsom, through a spokesman, declined to comment on the California Resources Corp. proposal but he has actively supported carbon capture and storage as a means of lowering the state’s carbon footprint. California plans to eliminate 94% of oil and gas, mostly by switching to electric vehicles and producing electricity from solar and wind energy. To make up the shortfall, the state will rely on carbon capture to cut 13 million metric tons of carbon from industrial and energy plants annually by 2030 and 25 million by 2045, and remove another 75 million metric tons from the atmosphere through other projects. These technologies amount to 15% of all of California's planned greenhouse gas cuts. That portion could grow if the state struggles to start up offshore wind and build more rooftop solar. California isn’t on track to meet its climate targets — and isn’t even close, according to a recent analysis. When state officials deliberated their 2022 climate plan, they characterized carbon capture as reserved for tough-to-decarbonize industries, such as cement manufacturing. But now the state will need a “broader application” of the technology, including for natural gas plants, or California will fail to meet its 2045 emissions targets, Air Resources Board spokesman David Clegern said in an email. Environmentalists are skeptical about the technology’s climate benefits, noting that methane, a potent greenhouse gas, can still leak out of natural gas plants. They also worry about carbon dioxide leaking from pipelines.  “Carbon capture has no vital role to play in generating electricity…We don't need it to decarbonize the electricity system,” said David Pomerantz, executive director of the Energy and Policy Institute, an environmental group. Passionate views in local communities In Kern County, the Elk Hills project has pitted oil and gas companies against residents and activists who want to see these industries closed. While the oil industry is a big  employer, the company’s carbon project won’t generate many new jobs: about 80 positions for construction and then only five full-time employees to operate the facility. Kern County is charging California Resources Corp. $250,000 a year for public safety and between $200 to $400 annually on each acreage of the project’s land. The company must also compensate for fine particles and other pollution that the project would emit into the air by reducing it elsewhere in Kern County, paying for measures such as electric school buses.  The Elk Hills oilfield is among the nation's largest oil producers. Photo by Larry Valenzuela, CalMatters/CatchLight Local On a late weekday evening in February, as the sun dipped below the horizon, casting hues of pink and red into the sky above Buttonwillow, about two dozen people entered Sanchez’ storefront. Taking seats, they listened to organizers talk about their opposition to the project. Then they made their way to the community center, where the EPA was conducting a public hearing for the project.  For three hours, people spoke passionately both in favor and in opposition, with about 50 people stepping up to the microphone. The speakers included workers in orange union shirts, farmers in plaid, politicians, oil industry employees and community residents. Attendees filled folding chairs and the rafters. Both Sanchez, the Buttonwillow business owner, and Noerr, the Taft mayor, were among those who took their turns at the microphone.  Noerr spoke of his more than 40 years working in the oil industry in Kern County and praised its “emphasis on safety, on quality and efficiency and environmental stewardship.” He said he would never support a project that would put his community at risk. Earlier in the hearing, with her teenage son and two other local boys at her side, Sanchez told the crowd about her fears that if the project goes through, it would leave polluting oilfields in her community for many more generations to come. “We cannot afford to compromise the air we breathe, the water we drink and the soil we rely on for the sake of experimental solutions,” she said. “I refuse to expose my family in any way to unnecessary risks…Our town’s wellbeing and the health of its residents are nonnegotiable.”

Rural Latino communities are divided about the project, which would capture carbon from an oilfield and power plant — and allow an oil company to keep operating as the state struggles to slash greenhouse gases.

Oil pumps around the Elk Hills Power Station along Elk Hills Road on March 29, 2024. The Elk Hills oil field is the site of the new carbon capture project that captures carbon emissions from oil and gas facilities and then injects them underground. Photo by Larry Valenzuela, CalMatters/CatchLight Local

In summary

Rural Latino communities are divided about the project, which would capture carbon from an oilfield and power plant — and allow an oil company to keep operating as the state struggles to slash greenhouse gases.

In western Kern County, where rolling hills are punctuated by bobbing rigs, the state’s largest oil and gas producer is betting that a novel technology will stave off the extinction of California’s fossil fuel industry.

The proposal has split this region, known as California’s oil country: Some want a future for oil and gas with less carbon emissions, while others insist that the polluting industries must go altogether.

In a project that would be California’s first attempt to capture and sequester carbon, California Resources Corp. plans to collect emissions at its Elk Hills Oil and Gas Field, and then inject the gases more than a mile deep into a depleted oil reservoir. The goal is to keep carbon underground and out of the atmosphere, where it traps heat and contributes to climate change.

Around the world, the race to build these carbon capture and storage projects is part of a broader bid by the oil and gas industry to remain viable in a world struggling to decarbonize.

In California alone, federal officials are reviewing 13 proposals to build projects — most in the Central Valley — that would capture carbon dioxide spewed by oil operations, power plants and other facilities or remove it from the atmosphere, then inject it underground into wells. 

Although California aims to phase out nearly all fossil fuels, Gov. Gavin Newsom’s administration said they must rely on carbon capture to eliminate millions of tons of greenhouse gases a year to meet its mandate of carbon-neutrality by 2045. The state may become even more reliant on this new technology than originally envisioned to stay on track in cutting planet-warming emissions. 

“We have a very unique market in California, where you have a state government that’s pushing really in favor of an energy transition,” Francisco Leon, California Resources Corp.’s chief executive officer, said during a recent earnings call. “But we also have a state that has relied on oil and gas revenues to support the communities and to pave the roads, to pay for libraries and fire stations.”

At its massive oilfield in Kern County, a few miles from the mostly Latino, low-income community of Buttonwillow, California Resources Corp. is seeking approval to inject 1.46 million metric tons of carbon dioxide a year over a 26-year period into an underground reservoir. That’s equivalent to the annual emissions of several hundred thousand gas-powered cars. The company hopes to expand to a second nearby reservoir once operations are underway. 

The company needs permission from both the U.S. Environmental Protection Agency and the Kern County Board of Supervisors. Both are expected to make their decisions this year, and the company hopes to start its first carbon injections next year.

Many residents and environmental justice groups oppose these projects because they allow oilfields, power plants and other industrial operations to keep emitting dangerous air pollutants in their communities. At the Kern County project, emissions of fine particles and gases that form smog would be “significant and unavoidable,” according to the county’s environmental impact report.

“You’re locking in pollution infrastructure that should be phased out,” said Daniel Ress, an attorney with the Delano-based Center on Race, Poverty and the Environment. “This was designed by fossil fuel companies so that they can continue to profit off the climate crisis. They set this trap.”

Dave Noerr, the mayor of Taft, stands in front of the Oil Worker Monument in Taft on March 29, 2024. Noerr is in full support of the carbon capture project. Photo by Larry Valenzuela, CalMatters/CatchLight Local
Taft Mayor Dave Noerr, who is standing next to a monument for oil workers, supports the carbon capture project. Photo by Larry Valenzuela, CalMatters/CatchLight Local

Dave Noerr, mayor of the foothills town of Taft, about 8 miles from the project site, sees the technology as a gamechanger for Kern County: a way of hanging on to well-paying, middle class oil and gas jobs as California tackles climate change. The industry employs about 14,000 people in Kern County, which provides three-quarters of California’s oil.

Signs of oil country are visible throughout Taft, a town of 7,000 people southwest of Bakersfield surrounded by thousands of sentinel-like oil rigs pumping day and night. A bronze monument depicting early 20th century work in the oilfields rises in a town square. Noerr’s office is located on the appropriately named Black Gold Court. 

Noerr said California should lead the way with capture and storage technology so that developing countries can eventually adopt it at their high-polluting coal plants. “If we can learn how to do it, and do it right, on a commercial scale, right here, then we can help those people,” Noerr said.

Sonia Sanchez, who lives a half hour drive to the north, in Buttonwillow, on the other side of the company’s oilfields, is more worried about the health of her son than the plight of coal plants overseas. Sanchez owns a notary business that offers document services to farm-laboring Latinos.

California Resources Corp.’s pipelines and injection wells would be built just four miles from the closest home in Buttonwillow, and within 2.5 miles of the closest elementary school, according to the environmental impact report. Researchers have found connections between people living near oilfields and health effects, including respiratory problems, low birthweight babies and premature babies.

Sonia Sanchez stands in front of her notary public office in Buttonwillow on March 29, 2024. Sanchez helps organize local opposition against the recently proposed carbon capture project in the nearby Elk Hills Oil Fields oil field. Photo by Larry Valenzuela, CalMatters/CatchLight Local
Sonia Sanchez of Buttonwillow helps organize local opposition to the proposed carbon capture project in the Elk Hills oilfield near her community. Photo by Larry Valenzuela, CalMatters/CatchLight Local

At a recent government hearing for the project held in Buttonwillow, Sanchez and others sported lime green T-shirts emblazoned with the words “Stop the Carbon Capture Scam.”

Capturing carbon to extend the life of oilfields would keep endangering children, who “are still developing, they’re young,” Sanchez said. “We have to protect them.”

Burying carbon more than a mile underground

One of the most productive oilfields in America, the Elk Hills Oil and Gas Field sits amid  the winding, hilly terrain between Buttonwillow and Taft, some 30 miles west of Bakersfield. On a recent afternoon, trucks bustled in and out of the gated Elk Hills power plant. The plant dominates the remote, industrial landscape, with igloo-like structures rising in the distance.

It’s in this oilfield in the heart of the San Joaquin Valley that California Resources Corp. plans to launch the state’s first experiment with storing carbon underground. 

Carbon capture technology has been in use since the 1970s in other states and countries, often on coal-fired power plants, ventures that have been criticized as costly and complicated. In the United States, much of the carbon injected underground has been by energy companies to extract oil out wells, a practice banned by California in 2022.

In many projects, a smokestack is equipped with a filtration system to capture greenhouse gases, which are then extracted and compressed, and then transported and stored, often underground. 

Illustration by John Osborn D'Agostino, CalMatters

The Kern County project would remove carbon dioxide from natural gas produced at the company’s oilfields before it is burned at the company’s medium-sized power plant, which provides energy for Pacific Gas & Electric. Carbon also would be captured from a proposed hydrogen plant and a direct air capture project that would use fans and filters to remove carbon dioxide from the atmosphere. 

Richard Venn, a spokesman for California Resources Corp., declined to answer questions from CalMatters or allow company representatives to be interviewed about their project. Information came from EPA and Kern County documents as well as company materials.

The company will build underground pipelines from the plants to the injection wells, spanning about six miles during the initial phase and about eight miles during a second phase, according to county documents.

The project has received draft permits from the EPA for four injection wells. They are the first in the nation to be issued for a depleted oil and natural gas field, the company said in a press release. According to the draft permits, the carbon would be buried 6,000 feet below ground — more than a mile deep into the Monterey Formation, a massive geological structure that is a major source of California’s oil.

California Resources Corp. has said the gas will be trapped, in part, by a 1,000-foot-thick rock layer called the Reef Ridge Shale, according to the documents.

The EPA will require the company to monitor the wells for the rest of the century to guarantee that no groundwater is polluted. Initial examinations suggest there are no drinking water sources threatened by injecting carbon into the reservoir. But the project would use significant amounts of groundwater in a basin that already is overpumped, according to the environmental impact report.

The company must take out a $33 million insurance policy and enact a number of other measures, including plugging 157 oil wells to ensure the carbon dioxide remains underground. 

Carbon capture and storage could be big business for California Resources Corp., which has the most acres of privately held mineral rights in California.  In 2022 the company, which earned revenues of $2.8 billion last year, announced a $500 million investment from Brookfield Asset Management to pursue carbon storage projects. It has several other proposed capture projects in California and earlier this year it merged with Aera Energy, which had been lobbying for policies promoting carbon capture in California and pursuing its own project.

California Resources Corp. said it plans to offset some of its costs with tax credits provided in the Inflation Reduction Act of 2022 and could qualify for some state subsidies.

Capturing carbon remains expensive and so far is used only on a small scale. Worldwide last year 41 facilities were operating and 351 were under development, according to an annual report by the think-tank Global Carbon Capture and Storage Institute.

Pavel Molchanov, an analyst with investment bank Raymond James, recently called carbon capture “niche” and said it only reduced greenhouse gases by a “rounding error,” with 0.1% of global emissions captured and stored last year. He said it’s quicker and easier to shut down fossil fuel facilities and shift to cleaner electricity.

Climate experts say the technology can play an important role in reducing emissions. The United Nations’ Intergovernmental Panel on Climate Change has said carbon capture can be part of the net-zero energy transition along with significant reductions in fossil fuel use. 

Gov. Gavin Newsom, through a spokesman, declined to comment on the California Resources Corp. proposal but he has actively supported carbon capture and storage as a means of lowering the state’s carbon footprint.

California plans to eliminate 94% of oil and gas, mostly by switching to electric vehicles and producing electricity from solar and wind energy. To make up the shortfall, the state will rely on carbon capture to cut 13 million metric tons of carbon from industrial and energy plants annually by 2030 and 25 million by 2045, and remove another 75 million metric tons from the atmosphere through other projects.

These technologies amount to 15% of all of California's planned greenhouse gas cuts. That portion could grow if the state struggles to start up offshore wind and build more rooftop solar. California isn’t on track to meet its climate targets — and isn’t even close, according to a recent analysis.

When state officials deliberated their 2022 climate plan, they characterized carbon capture as reserved for tough-to-decarbonize industries, such as cement manufacturing. But now the state will need a “broader application” of the technology, including for natural gas plants, or California will fail to meet its 2045 emissions targets, Air Resources Board spokesman David Clegern said in an email.

Environmentalists are skeptical about the technology’s climate benefits, noting that methane, a potent greenhouse gas, can still leak out of natural gas plants. They also worry about carbon dioxide leaking from pipelines. 

“Carbon capture has no vital role to play in generating electricity…We don't need it to decarbonize the electricity system,” said David Pomerantz, executive director of the Energy and Policy Institute, an environmental group.

Passionate views in local communities

In Kern County, the Elk Hills project has pitted oil and gas companies against residents and activists who want to see these industries closed. While the oil industry is a big  employer, the company’s carbon project won’t generate many new jobs: about 80 positions for construction and then only five full-time employees to operate the facility.

Kern County is charging California Resources Corp. $250,000 a year for public safety and between $200 to $400 annually on each acreage of the project’s land.

The company must also compensate for fine particles and other pollution that the project would emit into the air by reducing it elsewhere in Kern County, paying for measures such as electric school buses

Oil pumps around the Elk Hills Power Station along Elk Hills Road on March 29, 2024. The Elk Hills oil field is the site of the new carbon capture project that captures carbon emissions from oil and gas facilities and then injects them underground. Photo by Larry Valenzuela, CalMatters/CatchLight Local
The Elk Hills oilfield is among the nation's largest oil producers. Photo by Larry Valenzuela, CalMatters/CatchLight Local

On a late weekday evening in February, as the sun dipped below the horizon, casting hues of pink and red into the sky above Buttonwillow, about two dozen people entered Sanchez’ storefront. Taking seats, they listened to organizers talk about their opposition to the project. Then they made their way to the community center, where the EPA was conducting a public hearing for the project. 

For three hours, people spoke passionately both in favor and in opposition, with about 50 people stepping up to the microphone. The speakers included workers in orange union shirts, farmers in plaid, politicians, oil industry employees and community residents. Attendees filled folding chairs and the rafters.

Both Sanchez, the Buttonwillow business owner, and Noerr, the Taft mayor, were among those who took their turns at the microphone. 

Noerr spoke of his more than 40 years working in the oil industry in Kern County and praised its “emphasis on safety, on quality and efficiency and environmental stewardship.” He said he would never support a project that would put his community at risk.

Earlier in the hearing, with her teenage son and two other local boys at her side, Sanchez told the crowd about her fears that if the project goes through, it would leave polluting oilfields in her community for many more generations to come.

“We cannot afford to compromise the air we breathe, the water we drink and the soil we rely on for the sake of experimental solutions,” she said. “I refuse to expose my family in any way to unnecessary risks…Our town’s wellbeing and the health of its residents are nonnegotiable.”

Read the full story here.
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Senate Climate Hawks Aren't Ready To Stop Talking About It

“We need to talk about it in ways that connect directly to voters’ lives right now,” Sen. Martin Heinrich (D-N.M.), a top environmentalist, said of global warming.

WASHINGTON — Top environmental advocates in the Senate aren’t ready to stop talking about the threat of climate change, even as they acknowledge the environmental movement needs to pivot its messaging to better connect to pocketbook concerns amid skyrocketing electricity bills and the Trump administration’s crackdown on renewable energy projects across the country.The pivot comes as centrists in the party push to downplay an issue that has been at the center of Democratic messaging for years, arguing it’s unnecessarily polarizing and has hurt the party’s brand in key states.“You have to live in the moment that you’re in,” Sen. Martin Heinrich (D-N.M.) said in an interview with HuffPost. “Climate is still a giant problem for most states – I’ve had friends whose fire insurance has been canceled because the insurance companies can’t afford it anymore. So it’s not going away, but we need to talk about it in ways that connect directly to voters’ lives right now.”“If you shut down clean energy projects, you’re raising people’s electric rates,” Heinrich added. “I’m not stepping back [from talking about climate] at all, but I am connecting the dots in a way that I think people really respond to.”“I don’t think there’s any doubt that climate is a driving priority,” Sen. Brian Schatz (D-Hawaii), another leading climate hawk in the Senate, told HuffPost. “I just think how we talk about it and whether or not we emphasize it in our ads is sort of a different question.”After years of advocating for urgent action to confront the threat of climate change, some Democrats are leaning into economic issues instead and avoiding mentioning climate change on the campaign trail. Tom Steyer, the billionaire environmentalist who once focused almost exclusively on climate change, for example, launched his campaign for governor in California with an ad focused on affordability issues and taking on big corporations. California Gov. Gavin Newsom (D), another top climate advocate, has taken a softer approach to Big Oil after years of cracking down on the industry.“There’s not a poll or a pundit that suggests that Democrats should be talking about this,” Newsom told Politico about climate change recently. “I’m not naive to that either, but I think it’s the way we talk about it that’s the bigger issue, and I think all of us, including myself, need to improve on that, and that’s what I aim to do.”Other potential 2028 Democratic presidential candidates have also focused on rising energy costs when they talk about climate. Sen. Ruben Gallego (D-Ariz.), for example, unveiled his own plan last month aimed at boosting clean energy and lowering emissions that was all about affordability. Americans deserve an “energy system that is safe, clean, and affordable for working families – we do not have to choose just one of the above,” his plan stated. Moderate Democrats, however, argue the party has become too closely associated with a cause that simply isn’t at the top of Americans’ priority lists and can be actively harmful for candidates in states where the oil and gas industries employ large numbers of people. The Searchlight Institute, a new centrist think tank founded by a former aide for Sen. John Fetterman (D-Pa.) and the late Sen. Harry Reid (D-Nev.), has urged Democrats to stop mentioning “climate change” entirely in favor of “affordability,” the word Trump seems to think is a “hoax” made up by the left. “In our research, Republicans and Democrats both agree that affordability should be a national priority, and they’re mostly aligned on the importance of lowering energy costs,” the group wrote in a September memo. “That said, mentioning ‘climate change’ opens up a 50-point gap in support between Republicans and Democrats not present on other issues—much larger than the gap in support for developing new energy sources (10 points) or reducing pollution (36 points).”Even if the issue doesn’t move votes, worries about climate change remain widespread: A record-high 48% of U.S. adults said in a Gallup survey earlier this year that global warming will, at some point, pose a serious threat to themselves or their way of life. And not every Democrat agrees with those urging the party to stop talking about climate change. Rhode Island Sen. Sheldon Whitehouse, who has delivered hundreds of speeches on the Senate floor calling on Americans to “wake up” to the threat of fossil fuels and climate change, told HuffPost that moving away from advocating for the environment is “stupid” and “ill-informed.” He recently introduced a resolution to get senators on the record about where they stand on climate change.Vermont Sen. Bernie Sanders, an independent who caucuses with Democrats, said that “you can’t back away from a reality which is going to impact everybody in the United States and people throughout the world.” He added that Democrats must have “the courage to take on the fossil fuel industry and do what many other countries are doing, moving to energy efficiency and sustainable energies like solar.”Democrats this year have hammered Trump’s administration for shutting down the construction of new renewable energy sources, including, most recently, five large-scale offshore wind projects under construction along the East Coast. Trump’s Interior Department cited “emerging national security risks” to explain why it had paused work on the offshore wind farms, without elaborating. “Trump’s obsession with killing offshore wind projects is unhinged, irrational, and unjustified,” Senate Minority Leader Chuck Schumer (D-N.Y.) said in a statement on Monday. “At a time of soaring energy costs, this latest decision from DOI is a backwards step that will drive energy bills even higher. It will kill good union jobs, spike energy costs, and put our grid at risk; and it makes absolutely no business sense.”Trump has complained about wind power since offshore turbines were built off the coast of his Scottish golf course in 2011, and has continued the assault in office, calling turbines “disgusting looking,” “noisy,” deadly to birds, and even “bad for people’s health.”Trump’s administration and GOP allies on Capitol Hill have also rolled back or terminated many of the green energy provisions included in President Joe Biden’s signature climate and health law, the Inflation Reduction Act. When it passed in 2022, it was hailed as the most significant federal investment in U.S. history aimed at fighting climate change. But Trump’s Big Beautiful Bill Act wound down much of its tax credits, ended electric vehicle incentives and relaxed emissions rules in a major shift from the previous administration.“As Trump dismantles the wind and solar and battery storage and all electric vehicle job creation revolution in our country, he simultaneously is accelerating the increase in electricity prices for all Americans, which is going to come back to politically haunt the Trump administration,” Sen. Ed Markey (D-Mass.) told HuffPost. “So rather than shying away, we should be leaning into the climate issue, because it’s central as well to the affordability issue that people are confronting at their kitchen table.”

2025 was a big year for climate in the US courts - these were the wins and losses

Americans are increasingly turning to courts to hold big oil accountable. Here are major trends that emerged last yearAs the Trump administration boosts fossil fuels, Americans are increasingly turning to courts to hold big oil accountable for alleged climate deception. That wave of litigation swelled in 2025, with groundbreaking cases filed and wins notched.But the year also brought setbacks, as Trump attacked the cases and big oil worked to have them thrown out. The industry also worked to secure a shield from current and future climate lawsuits. Continue reading...

1. Big oil suits progressed but faced challengesIn recent years, 70-plus US states, cities, and other subnational governments have sued big oil for alleged climate deception. This year, courts repeatedly rejected fossil fuel interests’ attempts to thwart those cases. The supreme court denied a plea to kill a Honolulu lawsuit, and turned down an unusual bid by red states to block the cases. Throughout the year, state courts also shot down attempts to dismiss cases or remand them to federal courts which are seen as more favorable to oil interests.But challenges against big oil also encountered stumbling blocks. In May, Puerto Rico voluntarily dismissed its 2024 lawsuit under pressure. Charleston, South Carolina also declined to appeal its case after it was dismissed.In the coming weeks, the supreme court is expected to decide if it will review a climate lawsuit filed by Boulder, Colorado, against two major oil companies. Their decision could embolden or hinder climate accountability litigation.“So far, the oil companies have had a losing record trying to get these cases thrown out,” said Richard Wiles, president of the Center for Climate Integrity, which backs the litigation against the industry. “The question is, does Boulder change that?”After Colorado’s supreme court refused to dismiss the lawsuit, the energy companies filed a petition with the supreme court asking them to kill the case on the grounds that it is pre-empted by federal laws. If the high court declines to weigh in on the petition – or takes it up and rules in favor of the plaintiffs – that could be boon for climate accountability cases. But if the justices agrees with the oil companies, it could void the Boulder case – and more than a dozen others which make similar claims.That would be a “major challenge”, said Wiles, “but it wouldn’t be game over for the wave of litigation”.“It would not mean the end of big oil being held accountable in the court,” he said.The American Petroleum Institute, the nation’s largest oil lobby group, did not respond to a request to comment.2. New and novel litigationClimate accountability litigation broke new ground in 2025, with Americans taking up novel legal strategies to sue big oil. In May, a Washington woman brought the first-ever wrongful-death lawsuit against big oil alleging the industry’s climate negligence contributed to her mother’s death during a deadly heat wave. And in November, Washington residents brought a class action lawsuit claiming fossil fuel sector deception drove a climate-fueled spike in homeowners’ insurance costs.“These novel cases reflect the lived realities of climate harm and push the legal system to grapple with the full scope of responsibility,” said Merner.Hawaii this year also became the 10th state to sue big oil over alleged climate deception, filing its case just hours after the Department of Justice took the unusual step of suing Hawaii and Michigan over their plans to file litigation. It was a “clear-eyed and powerful pushback” to Trump’s intimidation, Merner said.3. Accountability shieldBig oil ramped up its efforts to evade accountability for its past actions this year, said Wiles. They were aided by allies like Trump, who in April signed an executive order instructing the Justice Department to halt climate accountability litigation and similar policies.In July, members of Congress also tried to cut off Washington DC’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 appropriations bill. A committee passed that version of the text, but the full House never voted on it.2025 also brought mounting evidence that big oil is pushing for a federal liability shield, which could resemble a 2005 law that has largely insulated the firearms industry from lawsuits. In June, 16 Republican state attorneys general asked the Justice Department to help create a “liability shield” for fossil fuel companies against climate lawsuits, the New York Times reported. Lobbying disclosures further show the nation’s largest oil trade group, as well as energy giant ConocoPhillips, lobbying Congress about draft legislation on the topic, according to Inside Climate News.Such a waiver could potentially exempt the industry from virtually all climate litigation. The battle is expected to heat up next year.“We expect they could sneak language to grant them immunity, into some must-pass bill,” said Wiles. “That’s how we think they’ll play it, so we’ve been talking to every person on the Democratic side so that they keep a lookout for this language.”4. What to watch in 2026: plastics and extreme weather casesDespite the challenges ahead, 2026 will almost definitely bring more climate accountability lawsuits against not only big oil but also other kinds of emitting companies. This year, New York’s attorney general notched a major win by securing a $1.1m settlement from the world’s biggest meat company, JBS, over alleged greenwashing. The victory could inspire more cases, said Merner, who noted that many such lawsuits have been filed abroad.Wiles expects more cases to accuse oil companies of deception about plastic pollution, like the one California filed last year. He also expects more lawsuits which focus on harms caused by specific extreme weather events, made possible by advances in attribution science – which links particular disasters to global warming. Researchers and law firms are also developing new theories to target the industry, with groundbreaking cases likely to be filed in 2026.“Companies have engaged in decades of awful behavior that creates liability on so many fronts,” he said. “We haven’t even really scratched the surface of the numerous ways they could be held legally accountable for their behavior.”

From rent to utility bills: the politicians and advocates making climate policy part of the affordability agenda

As the Trump administration derides climate policy as a ‘scam’, emissions-cutting measures are gaining popularityA group of progressive politicians and advocates are reframing emissions-cutting measures as a form of economic populism as the Trump administration derides climate policy as a “scam” and fails to deliver on promises to tame energy costs and inflation.Climate politics were once cast as a test of moral resolve, calling on Americans to accept higher costs to avert environmental catastrophe, but that ignores how rising temperatures themselves drive up costs for working people, said Stevie O’Hanlon, co-founder of the youth-led Sunrise Movement. Continue reading...

A group of progressive politicians and advocates are reframing emissions-cutting measures as a form of economic populism as the Trump administration derides climate policy as a “scam” and fails to deliver on promises to tame energy costs and inflation.Climate politics were once cast as a test of moral resolve, calling on Americans to accept higher costs to avert environmental catastrophe, but that ignores how rising temperatures themselves drive up costs for working people, said Stevie O’Hanlon, co-founder of the youth-led Sunrise Movement.“People increasingly understand how climate and costs of living are tied together,” she said.Utility bills and healthcare costs are climbing as extreme weather intensifies. Public transit systems essential to climate goals are reeling from federal funding cuts. Rents are rising as landlords pass along costs of inefficient buildings, higher insurance and disaster repairs, turning climate risk into a monthly surcharge. Meanwhile, wealth inequality is surging under an administration that took record donations from big oil.“We need to connect climate change to the everyday economic reality we are all facing in this country,” said O’Hanlon.Progressive politicians have embraced that notion. Zohran Mamdani, New York City’s democratic socialist mayor-elect, has advanced affordability-first climate policies such as free buses to reduce car use, and a plan to make schools more climate-resilient. Seattle’s socialist mayor-elect, Katie Wilson, says she will boost social housing while pursuing green retrofits.NYC Mayor-MamdaniFILE - Sen. Bernie Sanders, I-Vt., left, New York City mayoral candidate Zohran Mamdani, center, and Rep. Alexandria Ocasio-Cortez, D-N.Y., appear on stage during a rally, Sunday, Oct. 26, 2025, in New York. (AP Photo/Heather Khalifa, File) Photograph: Heather Khalifa/APMaine’s US Senate hopeful Graham Platner is pairing calls to rein in polluters and protect waterways with a critique of oligarchic politics. In Nebraska, independent US Senate candidate Dan Osborn backs right-to-repair laws that let farmers and consumers fix equipment – an approach he doesn’t frame as climate policy, but one that climate advocates say could reduce emissions from manufacturing. And in New Jersey and Virginia, Democrats “who are by no means radical leftists” ran successful campaigns focused on lowering utility costs, O’Hanlon said.Movements nationwide are also working to cut emissions while building economic power. Chicago’s teachers’ union secured a contract requiring solar panels to be added to schools and creating clean-energy career pathways for students. Educators’ unions in Los Angeles and Minneapolis are also seeking to improve conditions for staff and students while decarbonizing.“We see them as real protagonists in the fight for what we [at the Climate and Community Institute] are calling ‘green economic populism,’” said Rithika Ramamurthy, communications director at the leftwing climate thinktank Climate and Community Institute.From Maine to Texas, organized labor is also pushing for a unionized workforce to decarbonize energy and buildings. And tenants’ unions are working to green their residences while protecting renters from climate disasters and rising bills, Ramamurthy said. From Connecticut to California, they are fighting for eviction protections, which can prevent post-disaster displacement and empower tenants to demand green upgrades. Some are also directly advocating for climate-friendly retrofits.Movements are also working to expand public ownership energy, which proponents say can strengthen democratic control and lower rates by eliminating shareholder profits. In New York, a coalition won a 2023 policy directing the state-owned utility to build renewable energy with a unionized workforce, and advocates are pursuing a consumer-owned utility in Maine and a public takeover of the local utility in Baltimore.To hold polluters accountable for their climate contributions, activists and lawmakers across the country are championing policies that would force them to help pay to curb emissions and boost resilience. Vermont and New York passed such “climate superfund” laws this year, while New York and Maine are expected to vote on such measures soon. And legislators in other states are looking to introduce or reintroduce bills in 2026, even as the Trump administration attempts to kill the laws.“When insurance becomes unaffordable and states are constantly rebuilding after disasters, people don’t need some technical explanation to know that something is seriously wrong,” said Cassidy DiPaola, spokesperson for the Make Polluters Pay campaign. “Climate superfunds connect those costs to accountability by saying that the companies that caused the damage shouldn’t be shielded from paying for it.” Polls show the bills appear popular, she said.Speaking to people’s financial concerns can help build support for climate policy, said DiPaola. Polls show voters support accountability measures against polluters and that most believe the climate crisis is driving up costs of living.“The fastest way to depolarize climate is to simply talk about who’s paying and who’s profiting,” she said. “People disagree about a lot of things, but they do understand being ripped off.”Linking green initiatives with economic concerns isn’t new. It was central to the Green New Deal, popularized by the Sunrise Movement and politicians like the representative Alexandria Ocasio-Cortez in 2018. That push informed Joe Biden’s Inflation Reduction Act (IRA), which included the biggest climate investments in US history. But critics argue the IRA fell short of building economic power among ordinary people.Though it boosted green manufacturing and created some 400,000 new jobs, those benefits were not tangible to most Americans, said Ramamurthy. Proposed investments in housing and public transit – which may have been more visible – were scaled back in the final package. Its incentives also largely went to private companies and wealthier households. A 2024 poll found only 24% of registered voters thought the IRA helped them.“The IRA focused on creating incentives for capital, relying almost entirely on carrots with very few sticks,” said Ramamurthy.While it advanced renewables, the IRA also contained handouts for polluters, O’Hanlon said. And Biden did not pair its passage with messaging acknowledging economic hardship, she said.“The administration was great on connecting jobs and green energy,” she said. “But they said the economy was doing well, which felt out of touch.”Trump capitalized on Americans’ economic anxieties, said O’Hanlon, but has not offered them relief.“We need a vision that can actually combat the narrative Trump has been putting out,” she said. “We need a vision for addressing the climate crisis alongside making life better for for working people.”

Why You Feel So Compelled To Make Resolutions Every Single Year, Even If You Fail

It's not your fault: your brain is hardwired to set goals and then quit.

A new year. A new school year. A new week. Mental health experts say our brains are naturally drawn to fresh starts, wired to find motivation in new beginnings. These moments act like a psychological reset button, nudging us toward self-reflection, habit-building and behavior change. Yet despite making resolutions year after year, many of us struggle to stick with them. Why do we keep coming back for more?Here’s why we crave resolutions and how to harness them in a way that actually boosts productivity and keeps momentum going, helping you feel more accomplished all year long.Why Our Brain Is Drawn To Making ResolutionsThough the start of a new year has long been tied to making resolutions, there’s more behind the tradition than just cultural habit. “For many, fresh starts feel hopeful,” said Jennifer Birdsall, a board-certified, licensed clinical psychologist and chief clinical officer at ComPsych. “Psychologically, they allow people to release the baggage of past experiences, including failures, and set forth on goals with renewed energy and optimism.”This ties into what psychologists call the fresh start effect. When a clear milestone, like a new year, a birthday or the start of a new semester, gives us the sense of turning the page, it helps us mentally separate our past self from our future self, motivating us to break old habits and approach change with a bit of extra momentum.Resolutions can also give your brain a boost. There are actually psychological benefits to making goals, even if you don’t follow through on them. Simply setting resolutions can help you feel a greater sense of control. “This is especially important right now given how much uncertainty people experience in today’s volatile social, political and economic climate,” Birdsall said. Alivia Hall, a licensed clinical social worker and clinical director at LiteMinded Therapy, noted that just picturing a future version of ourselves, one who feels healthier, more grounded and more intentional, activates the brain’s reward system, triggering a dopamine boost.“The anticipation alone can create a sense of energy and momentum before we’ve taken a single step,” she explained.Why Resolutions Often Don’t StickMany of us start the year with the best intentions, only to find our goals slipping away a few months in.One reason, according to Hall, is that we often approach goal-setting with an all-or-nothing mindset, viewing success as binary: either you succeed or fail. So when someone skips a single workout or misses a day of journaling, the brain quickly convinces them they’ve completely blown it. “That harsh, all-or-nothing lens can make people give up on their goals entirely, instead of seeing it as just a small setback they can recover from,” she explained.Another common pitfall is relying on willpower. “Early on, motivation runs high because the brain is lit up by novelty and reward anticipation. But once that dopamine surge fades, sheer discipline often isn’t enough to sustain change,” Hall said. Without structure, environmental cues or a deeper connection to our values, goals can start to feel less like inspired choices and more like chores. “Psychologically, this creates friction between intention and behavior — which is why so many resolutions quietly start to fizzle by February or March,” she added.AscentXmedia via Getty ImagesIt's not your fault: your brain is hardwired to set goals and then quit.How To Really Accomplish A Resolution, Once And For AllWhat we need to be mindful of is falling into a cycle of constantly setting new resolutions, enjoying that dopamine boost, and then quickly abandoning those goals. Here are some tips for sticking to a goal long-term when you start to fall off:Do a self-audit before creating your resolution.“I’m a big proponent of doing a self-audit prior to making resolutions or setting goals, as it encourages a more structured and intentional approach to personal growth by reflecting on one’s strengths and weaknesses, as well as one’s accomplishments and growth opportunities,” Birdsall said. Taking time to look back at what you’re most proud of, what may have held you back and how closely you’ve been living your values can help clarify where you want to focus your energy next and which goals will feel most meaningful to pursue.Anchor your resolutions to your values.“Attune to the aspect of the goal that taps into your motivation,” said Lorain Moorehead, a licensed clinical social worker and therapy and consultation practice owner. So if the end result of finishing a marathon doesn’t excite you, maybe what does is the value of improving your physical health. “The motivation that is there when the goal is initially set can wear off, especially as you become tired or the goal becomes challenging or draining,” she said. But when you stay connected to the deeper why behind your goal, it becomes much easier to keep going, even when the momentum dips.Set micro goals to build self-trust.“Break goals into the smallest possible steps, so small they almost feel too easy,” said Ellen Ottman, founder and licensed therapist at Stillpoint Therapy Collective.For example, instead of running 10 miles per week, start with putting on your running shoes and walking outside three times a week, as completing even tiny goals triggers dopamine, which boosts both motivation and confidence. Form connections with like-minded people.Form connections with other goal-setters who can offer support, encouragement or feedback along the way.“Achieving something can be lonely,” Moorehead said. “People can diminish the goal if they don’t understand the process, so it can be helpful to receive support from others who are committed to a goal.” As a way to foster community, join a group of people practicing the same skill or who have already tackled similar goals.If you falter, reset your resolution and keep going.Some 92% of people fail to achieve their goals, so if you’ve fallen off track partway through the year, you’re not alone. The good news is that it’s never too late to reset without feeling like you’ve failed.“Progress rarely happens in straight lines, so the most powerful thing you can do when you lose momentum is to reset with kindness,” Ottman said. “Shame tends to freeze us, while curiosity and self-compassion help us move forward.”Instead of trying to catch up or scrapping your goal altogether, try reworking it. If your original goal was to read more, make it smaller and more specific, like reading one page a day. “Small, consistent wins rebuild trust and confidence in your ability to follow through,” Ottman said, “creating the true foundation for lasting change.”

Greenwashing, illegality and false claims: 13 climate litigation wins in 2025

Legal action has brought important decisions, from the scrapping of fossil fuel plants to revised climate plansThis year marks the 10th anniversary of the Paris agreement. It is also a decade since another key moment in climate justice, when a state was ordered for the first time to cut its carbon emissions faster to protect its citizens from climate change. The Urgenda case, which was upheld by the Netherlands’ supreme court in 2019, was one of the first rumblings of a wave of climate litigation around the world that campaigners say has resulted in a new legal architecture for climate protection.Over the past 12 months, there have been many more important rulings and tangible changes on climate driven by legal action. Continue reading...

This year marks the 10th anniversary of the Paris agreement. It is also a decade since another key moment in climate justice, when a state was ordered for the first time to cut its carbon emissions faster to protect its citizens from climate change. The Urgenda case, which was upheld by the Netherlands’ supreme court in 2019, was one of the first rumblings of a wave of climate litigation around the world that campaigners say has resulted in a new legal architecture for climate protection.Over the past 12 months, there have been many more important rulings and tangible changes on climate driven by legal action.Rosebank and Jackdaw approval ruled illegalThe year started with a bang when UK government approval of the Rosebank and Jackdaw oil and gas fields in the North Sea was ruled illegal by the Scottish court of session, because it did not account for greenhouse gas emissions caused by burning the extracted fossil fuels.The judgment relied heavily on a 2024 supreme court ruling in a climate case brought by campaigner Sarah Finch. That ruling also led the high court to throw out planning permission for a new coalmine in Whitehaven, Cumbria, after which the company withdrew its plans.The government published new guidance in June on how these assessments should be undertaken, although the ruling does not automatically prevent regulators from approving fossil fuel projects once they have fully analysed their impacts.Equinor published a revised environmental assessment of Rosebank in October and a decision on approval is imminent. The government has hinted that it may give consent again, and Greenpeace has vowed further legal action if that happens.Plans to build Brazil’s largest coal plant scrappedCivil society organisations have been campaigning for years against a coalmine and power plant in the southern state of Rio Grande do Sul planned by the coal company Copelmi. If it had gone ahead, it would have been the largest coal plant in Brazil.The groups argued that the Nova Seival plant and Guaíba mine breached Brazil’s climate obligations, and that the licensing process had not been undertaken properly. In 2022, a court suspended the licences and set out requirements for how the process should be revised. But in February this year, Copelmi formally withdrew its plans, saying the project had become unfeasible.German court opens door for climate damages claimsOn the face of it, it sounds like a failure that a German court rejected a climate case brought by a Peruvian farmer and mountain guide against German energy company RWE.Saúl Luciano Lliuya had sought 0.47% of the overall cost of building flood defences to protect his home from a melting glacier, a proportion equivalent to RWE’s contribution to global emissions.But the decade-old case had always been a stretch, and in reality it set a potentially important precedent on polluters’ liability for their carbon emissions.So it was not a surprise when later in the year a group of Pakistani farmers whose livelihoods were devastated by floods three years ago fired the starting shot in a new legal claim against two of Germany’s most polluting companies.EnergyAustralia settles greenwashing lawsuit with parentsIn May, EnergyAustralia settled a greenwashing lawsuit brought by a group of Australian parents.Climate action group Parents for Climate claimed EnergyAustralia breached Australian Consumer Law when promoting electricity and gas products because the carbon offsets used to secure certification were not backed by meaningful reductions in emissions.As part of the settlement, the utility company acknowledged that carbon offsets do not prevent or undo damage caused by greenhouse gas emissions and apologised to 400,000 customers who were part of the scheme.It was the first case in the country to be brought against a company for marketing itself as carbon neutral.International courts issue landmark climate opinionsTwo international courts issued landmark advisory opinions on climate change in July.First was the inter-American court of human rights, which found that there is a human right to a healthy climate and states have a duty to protect it. This was closely followed by the international court of justice, which said countries must prevent harm to the climate system and that failing to do so could result in their having to pay compensation and make other forms of restitution.The two documents are already being referenced in climate lawsuits around the world. And attempts were made to use them as leverage during climate talks in Brazil last month, although this proved more difficult than anticipated.New South Wales coalmine expansion annulledApproval for the largest coalmine expansion in New South Wales was annulled in July because the state’s independent planning commission did not take into account the project’s full greenhouse gas emissions.Denman Aberdeen Muswellbrook Scone Healthy Environment Group, working with the Environmental Defenders Office, filed the case in 2023, arguing MACH Energy’s Mount Pleasant Optimisation coal mining project near Muswellbrook would worsen climate change and threaten a unique species of legless lizard.The court of appeal said the commission failed to account for “scope 3” emissions when the coal is exported and burned overseas.Apple scales back carbon neutrality claimsIn August, a Frankfurt court ruled that Apple was not allowed to call its Apple Watch “carbon neutral”.It agreed with German NGO Deutsche Umwelthilfe that the company could not demonstrate long-term carbon neutrality because the claim was based on funding eucalyptus groves in Paraguay, leases for which expire soon.Apple is trying to get a similar greenwashing case against it in the US dismissed.A few months later, tech news websites noticed that Apple had stopped marketing its newly launched watches as carbon neutral in other countries too.Hawaii to cut transport emissions after lawsuitLast year, Hawaii agreed to settle a lawsuit by 13 young people, represented by Our Children’s Trust, who said it was breaching their rights with infrastructure that contributes to climate change.The settlement acknowledged the constitutional rights of Hawaii youth to a life-sustaining climate, and the state promised to develop a roadmap to achieve zero emissions for its ground, sea and inner island air transportation systems by 2045.In October, it delivered. The energy security and waste reduction plan includes new electric vehicle chargers, investments in public and active transport, and efforts to sequester carbon through native reforestation. It will be updated annually.Campaigners called the plan a “critical milestone”.Campaigners put end to coal power plant in KenyaEnvironmental campaigners won a key climate case challenging approval of a coal power plant in Lamu, on Kenya’s southern coast, in October.Litigation against Amu Power (a joint venture between Centum and Gulf Energy) and the Kenyan National Environment Management Authority began a decade ago and construction was ordered to stop in 2019.The environment and land court finally upheld a revocation of the plant’s licence because of flaws in the environmental assessment, particularly a lack of proper public participation. Climate change impacts had also not been properly assessed.TotalEnergies ordered to stop greenwashing in FranceLater in the month, TotalEnergies was found to have made false claims about its climate goals in a French court for false claims about its climate goals.Les Amis de la Terre France, Greenpeace France and Notre Affaire à Tous, with the support of ClientEarth, claimed TotalEnergies’s “reinvention” marketing campaign broke European consumer law by suggesting it could reach net zero carbon emissions by 2050 while continuing to produce fossil fuels.The Paris judicial court ruled that some claims on the company’s French website were likely to mislead consumers because there was not enough information about what they meant.Meat companies settle greenwashing claimsIn early November, New York agreed a $1.1m settlement with Brazilian meat company JBS’s US arm to end a lawsuit claiming the company misled customers about its efforts to reduce its greenhouse gas emissions.The money will be used to support climate-smart agriculture programmes that help New York farmers adopt best practices to reduce emissions, increase resiliency and enhance productivity. JBS USA also agreed to reform its environmental marketing practices and report annually to the New York office of the attorney general for three years.Soon after, Tyson Foods also agreed to stop saying it will reach net zero greenhouse gas emissions by 2050 and marketing beef as climate friendly to settle a greenwashing lawsuit brought by agriculture industry watchdog Environmental Working Group.UK government publishes tougher climate planThe UK government published a revised carbon budget and growth delivery plan in October after its previous plan was ruled unlawful by the high court.The new document reaffirms the UK’s commitment to decarbonise its electricity supply by 2030 and reduce greenhouse gas emissions drastically by 2037, with specific measures for energy, transport, agriculture, homes and industry.It follows a successful lawsuit by the Good Law Project, Friends of the Earth and ClientEarth. After the striking down of the original net zero strategy in court in 2022, the trio argued that the “threadbare” revised version was still not good enough.However, campaigners are planning another round of legal action challenging national climate strategy, this time at the European court of human rights.Three Norwegian oilfields ruled illegalLicences for three oilfields in the North Sea were declared illegal in November by a Norwegian court because they were approved without the full impacts of climate change being considered.The Borgarting court of appeal upheld a claim by Greenpeace Nordic and Natur og Ungdom challenging permission for the Equinor-operated Breidablikk and Aker BP’s Yggdrasil and Tyrving fields.The decision closely followed the European court of human rights’s dismissal of a lawsuit by the same claimants against Norway, which nonetheless set important standards for how states should undertake environmental impact assessments of fossil fuel projects.However, the Borgarting court stopped short of ordering the fields to stop producing oil, giving the Norwegian government six months to sort out the licences.

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