2025 was a pivotal year for climate change litigation in the US, with significant wins and losses shaping the future of environmental accountability. As the Trump administration continued its pro-fossil fuel agenda, Americans turned to the courts to hold big oil accountable for alleged climate deception. This year saw a surge in groundbreaking cases, but it also brought challenges and setbacks. Let's dive into the key trends and developments that emerged in this complex legal landscape.
The Battle for Climate Justice: A Year of Wins and Losses
- Big Oil Under Fire: Progress and Obstacles
Over 70 US states, cities, and subnational governments have taken legal action against big oil companies, accusing them of climate deception. In 2025, courts repeatedly rejected attempts by fossil fuel interests to dismiss these cases. The Supreme Court denied requests to halt a lawsuit in Honolulu and even turned down an unusual bid by red states to block these cases. However, big oil wasn't giving up without a fight. In May, under pressure from the Trump administration, Puerto Rico voluntarily dismissed its 2024 lawsuit. Charleston, South Carolina, also chose not to appeal after its case was dismissed.
The Supreme Court is now set to decide whether it will review a climate lawsuit filed by Boulder, Colorado, against major oil companies. This decision could have far-reaching implications for climate accountability litigation. Richard Wiles, president of the Center for Climate Integrity, which supports these lawsuits, said, "So far, the oil companies have been unsuccessful in getting these cases thrown out. The question is, will Boulder change that?"
If the Supreme Court declines to intervene or rules in favor of the plaintiffs, it could be a major boost for climate accountability cases. However, if the justices side with the oil companies, it could void not only the Boulder case but also over a dozen similar lawsuits, presenting a significant challenge.
"It wouldn't be game over for holding big oil accountable in the courts," Wiles emphasized. "It would be a major hurdle, but we're prepared to keep fighting."
- Breaking New Ground: Innovative Legal Strategies
Climate accountability litigation took a novel turn in 2025, with Americans employing creative legal approaches to sue big oil. In May, a Washington woman filed the first-ever wrongful-death lawsuit against big oil, alleging that the industry's climate negligence contributed to her mother's death during a deadly heat wave. In November, Washington residents brought a class action lawsuit, claiming that fossil fuel sector deception drove a climate-induced spike in homeowners' insurance costs. These innovative cases reflect the real-life impacts of climate change and challenge the legal system to address the full scope of responsibility, according to Merner.
Hawaii also joined the fight this year, becoming the 10th state to sue big oil over alleged climate deception. The state's lawsuit came just hours after the Department of Justice sued Hawaii and Michigan over their plans to file litigation, a move Merner described as a "clear-eyed and powerful pushback" against Trump's intimidation tactics.
- The Accountability Shield: Big Oil's Evasion Tactics
Big oil stepped up its efforts to evade accountability for past actions in 2025, with allies like Trump signing an executive order instructing the Justice Department to halt climate accountability litigation. Members of Congress also attempted to cut off Washington DC's funding to enforce consumer protection laws against oil and gas companies for environmental claims. However, the full House never voted on this proposal.
There's growing evidence that big oil is pushing for a federal liability shield, similar to a 2005 law that has largely protected 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, as reported by the New York Times. Lobbying disclosures show that the nation's largest oil trade group and energy giant ConocoPhillips are actively lobbying Congress on this issue.
Such a waiver could potentially exempt the industry from virtually all climate litigation. Wiles predicts that big oil will try to sneak immunity language into a must-pass bill, and they're working to ensure that Democratic lawmakers are vigilant in watching for such attempts.
- Looking Ahead: Plastics and Extreme Weather Cases
Despite the challenges, 2026 is expected to bring even more climate accountability lawsuits, not just against big oil but also against other emitting companies. New York's attorney general secured a major win this year by obtaining a $1.1 million settlement from the world's biggest meat company, JBS, over alleged greenwashing. This victory could inspire more cases, especially as many similar lawsuits have been filed abroad.
Wiles anticipates more lawsuits accusing oil companies of deception about plastic pollution, similar to California's lawsuit last year. He also expects an increase in lawsuits focused on harms caused by specific extreme weather events, made possible by advances in attribution science. Researchers and law firms are developing new theories and strategies to target the industry, with groundbreaking cases likely to be filed in 2026.
"Companies have engaged in decades of reprehensible behavior, creating liability on numerous fronts," Wiles said. "We've only just begun to explore the many ways they can be held legally accountable for their actions."
As we move into 2026, the battle for climate justice continues, with both challenges and opportunities on the horizon. Stay tuned as we follow these complex legal battles and their potential impact on the future of our planet.
