Court Considers Whether Climate Litigation Poses a National Security Risk

This week in Charleston, South Carolina, two legal teams engaged in a heated debate over a pivotal climate issue: whether lawsuits targeting oil companies pose a threat to national security, as asserted by former President Trump.

The City of Charleston alleges that major oil firms, including ExxonMobil and Chevron among others, orchestrated a long-term, deliberate campaign to misinform the public about the risks associated with climate change.

Similar litigation exists in nearly three dozen locations nationwide. Recently, an executive order was issued labeling these lawsuits as national security risks, warning that they could result in financially devastating penalties. The Charleston hearings marked the first occasion where these claims were examined directly in a courtroom setting.

This executive order represents a broader initiative by the previous administration to counteract climate-related legal actions against fossil fuel companies. Leveraging this order, the Department of Justice has filed unprecedented lawsuits seeking to block states like Hawaii and Michigan from pursuing their own climate claims. Despite this, Hawaii proceeded with its lawsuit, and Michigan’s attorney general has indicated plans to continue.

During hearings held Thursday and Friday, Judge Roger M. Young Sr. urged both parties to address the implications of the executive order as they debated motions to dismiss the case, which was originally filed in 2020.