Weeks after the deadly floods in central Texas, searches were still underway for those who were lost. The radiating effects of this disaster will be felt in our communities for decades, from the lives and homes lost to the staggering costs to repair, rebuild, and prepare for the next crisis.
Devastating natural disasters and increasingly frequent floods are now our new normal, whether we’re prepared for it or not. Insurance companies are raising premiums and in some cases, canceling coverage altogether. Agriculture losses are threatening people’s livelihoods and raising prices at the grocery store. And the availability of federal resources in the wake of extreme weather is no longer guaranteed.
This perfect storm has created a world where local governments are struggling to protect our constituents. There are no easy and simple solutions, which is why we need access to every tool in our toolbox to respond, adapt, and act.
One of those tools is the ability for local governments to seek justice in court if a corporation or industry contributed to the damage in any way. Think about how communities have taken tobacco and opioid companies to court to make them pay for knowingly pushing products that harmed public health. Or how utility companies have been held legally responsible when their negligence contributed to wildfires.
Scientists are still determining exactly how much of a role climate change played in the deadly Texas floods, but they have been clear that a warming world will fuel many similar tragedies. As state and local governments grapple with how to pay for the necessary infrastructure to protect residents from these destructive events, a growing number have turned to the courts to make polluters help pick up the tab. But in recent months, this right for officials to access courts on behalf of their communities has come under threat. Republican attorneys general, including Texas Attorney General Ken Paxton, recently called for federal officials to create a “liability shield” for fossil fuel companies.
That would mean communities could no longer access the courts to recover climate-related damages. Their recommendation appears to be part of a broader lobbying effort by Big Oil companies to get a free pass from Congress, shielding them from accountability for actions that fueled the climate crisis. But local leaders will not let polluting corporations and their paid-for politicians take away our rights without a fight. At the most recent gathering of the National Association of Counties, I sponsored a resolution that made clear where county leaders stand. We oppose any effort to limit our ability to take companies to court or grant them immunity from lawsuits over extreme weather damages. Nearly every official in that room represented constituents who had suffered from extreme weather in recent years, and the resolution passed overwhelmingly.
Fossil fuel companies have known for decades that their products were fueling climate change. Exxon knew in the 1970s that using more of their fossil fuel products could cause “potentially catastrophic events.” Shell predicted in 1989 that without changing course we would have “more violent weather” including “more storms, more droughts, more deluges”—a reality central Texans know all too well. But these companies opted to lie to the public about that reality, launching a disinformation campaign to protect their profits. Local governments should be able to hold these companies accountable.
Shutting the courthouse doors is not only bad governance; it would also have major consequences for local governments. Imagine if communities ravaged by opioid addiction and smoking-related health issues had not been able to demand opioid producers and Big Tobacco pay for the damage they knowingly caused. Imagine if a company’s negligent behavior led to a wildfire that tore through your town or poisoned your drinking water, only for the company to be given a “get out of jail free” card. Shutting down access to the courts does nothing to protect our communities and everything to protect negligence by corporations.
Congress might not always agree with local governments, but they should at least protect our right to have our day in court.
Brigid Shea is Commissioner of Travis County, Texas (Austin).
The views expressed in this article are the writer’s own.
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