· 3 min read
illuminem summarises for you the essential news of the day. Read the full piece on POLITICO or enjoy below:
🗞️ Driving the news: A federal judge has dismissed the first U.S. climate lawsuit invoking anti-Mafia racketeering laws (RICO), brought by over 30 Puerto Rican municipalities against major oil companies
• The plaintiffs argued that the industry conspired to deceive the public about climate risks and bore responsibility for the devastation caused by Hurricane Maria in 2017, which killed an estimated 3,000 people
• The judge ruled the case could not proceed, citing the need to avoid creating bad legal precedent in response to emotionally charged issues
🔭 The context: Filed in 2022, the case marked a novel legal strategy by applying the Racketeer Influenced and Corrupt Organizations Act (RICO)—traditionally used to target organized crime—to climate litigation
• The plaintiffs accused the fossil fuel industry of a decades-long misinformation campaign that directly exacerbated the intensity of recent storms in Puerto Rico
• While dozens of U.S. cities and states have launched climate accountability suits, none had previously invoked RICO statutes
🌍 Why it matters for the planet: The dismissal is a setback for climate litigation seeking to hold corporations accountable for climate damages under expansive legal theories
• It underscores the legal challenges in connecting fossil fuel emissions to specific weather events and in using criminal frameworks like RICO for environmental cases
• The ruling may deter similar lawsuits, but also refocus legal efforts on consumer protection, nuisance, and tort law pathways that have gained traction in U.S. courts
⏭️ What's next: The plaintiffs are expected to appeal the decision to the 1st U.S. Circuit Court of Appeals. Legal experts anticipate the case could eventually reach the Supreme Court, especially given its novel approach
• Other climate liability cases are proceeding under state law in jurisdictions such as California, Hawaii, and Massachusetts, with several entering discovery or nearing trial
• Broader implications for climate litigation strategies will hinge on appellate outcomes
💬 One quote: “It is the duty of all courts of justice to take care, for the general good of the community, that hard cases do not make bad law,” wrote Judge Silvia Carreño-Coll in her ruling
📈 One stat: Hurricane Maria caused an estimated $90 billion in damage and resulted in approximately 3,000 deaths, making it one of the deadliest and costliest natural disasters in U.S. history.
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