2025 was a pivotal year for climate litigation in the US, marked by significant advancements and setbacks. As the Trump administration's policies favored fossil fuels, Americans increasingly turned to the courts to hold big oil accountable for alleged climate deception. This shift in legal strategy brought about groundbreaking cases and notable wins, but it also faced challenges and resistance from the industry.
1. Legal Battles and Progress
In 2025, the legal landscape for climate accountability saw both progress and setbacks. Over 70 US states, cities, and subnational governments sued big oil for alleged climate deception, and courts repeatedly rejected fossil fuel interests' attempts to dismiss these cases. The Supreme Court denied a plea to dismiss a Honolulu lawsuit, and turned down a bid by red states to block these cases. State courts also rejected attempts to dismiss or remand cases to federal courts, which are often seen as more favorable to oil interests.
However, challenges against big oil encountered obstacles. Puerto Rico voluntarily dismissed its 2024 lawsuit under pressure, and Charleston, South Carolina, declined to appeal its dismissed case. The Supreme Court's upcoming decision on a climate lawsuit filed by Boulder, Colorado, against two major oil companies could significantly impact the trajectory of climate accountability litigation.
2. Novel Legal Strategies
Climate accountability litigation broke new ground in 2025, with Americans employing novel legal strategies to sue big oil. A Washington woman filed the first-ever wrongful-death lawsuit, alleging the industry's climate negligence contributed to her mother's death during a deadly heat wave. Washington residents also brought a class-action lawsuit claiming fossil fuel sector deception drove a climate-fueled spike in homeowners' insurance costs.
3. Accountability Shield Efforts
Big oil intensified its efforts to evade accountability for past actions in 2025. This was aided by allies like Trump, who signed an executive order instructing the Justice Department to halt climate accountability litigation. Members of Congress also attempted to cut off funding for Washington DC's consumer protection laws against oil and gas companies. There was mounting evidence that big oil was pushing for a federal liability shield, similar to one that insulated the firearms industry from lawsuits.
4. Future Outlook: Plastics and Extreme Weather Cases
Despite challenges, 2026 is expected to bring more climate accountability lawsuits against big oil and other emitting companies. New York's attorney general secured a significant settlement from the world's biggest meat company, JBS, over alleged greenwashing, which could inspire more cases. Richard Wiles expects more cases accusing oil companies of deception about plastic pollution and more lawsuits focusing on harms caused by specific extreme weather events, driven by advancements in attribution science.
The battle over liability shields is expected to intensify in 2026, with big oil potentially sneaking immunity language into must-pass bills. Climate activists and legal experts are preparing to counter these efforts, ensuring that big oil remains accountable for its actions.
