The fate of Rhode Island’s first-in-the-nation lawsuit against fossil fuel companies rests in one state judge’s hands, following a two-hour hearing in Providence County Superior Court Tuesday morning.
Associate Justice William E. Carnes opted not to make an immediate ruling on Chevron Corporation’s push to have the case tossed on alleged procedural violations, noting the “sheer volume of materials” in the seven-year-long case. While Carnes postponed a ruling, he noted several shortcomings in the arguments Chevron’s lawyers presented, including the lack of local precedent for what the oil and gas company argues was a “shotgun pleading” that relies on the same phrasing for each of the 21 companies named in the lawsuit.
Former Rhode Island Attorney General Peter Kilmartin in the 2018 complaint sought damages from a host of multinational oil and gas companies, including Chevron, based on the grounds that for each, “a substantial portion of fossil fuel products are or have been extracted, refined, transported, traded, distributed, marketed, promoted, manufactured, sold, and/or consumed in Rhode Island.”
A series of appeals challenging a state court’s authority regarding climate change impacts from national fossil fuel companies ended in April 2023 when the U.S. Supreme Court declined to take up the case and sent it back to Rhode Island.
Chevron’s attorneys are now seeking to have the entire case tossed on the grounds that the state failed to investigate or prove that any fossil fuel extraction, refinement or production occurred in Rhode Island, violating a clause of state court civil procedure known as Rule 11.
“It’s a ludicrous allegation that we were extracting fossil fuels in a state where fossil fuels were never extracted,” Gerald Petros, a Providence attorney representing Chevron, said during Tuesday’s hearing.
But the state, which has brought in San Francisco law firm Sher Edling LLP to help its case, contended that the “and/or” in the complaint covered its bases. Even if Chevron never produced or refined oil in Rhode Island, 18 years of business filings with the Rhode Island Department of State and records of local TV and print advertisements prove its local activity, according to exhibits included in court documents.
While the state’s investigation has yielded some proof of Chevron’s local activity, the company has refused to hand over private information relating to its business activity, sales and advertising in Rhode Island, making it impossible for the state to fully substantiate its claim, Matt Edling, partner at Sher Edling, said during the hearing.
“We know this evidence exists but we don’t know the depth of it,” Edling said.
While Carnes delayed a ruling on Chevron’s motion to toss the complaint under alleged procedural violations, he granted in part a request by the state to compel the oil and gas company to hand over documentation of its business activity. Carnes limited the scope of discovery to date back to the year named in the complaint — 1965 — rather than the earlier 1950 start date the state requested. Carnes also ruled that subsidiaries and affiliates of Chevron Corp. were not subject to the court-ordered document sharing based on a 2022 Rhode Island Supreme Court decision. And, as it relates to evidence of natural gas activities, Chevron only has to share records of business that affected consumers, according to Carnes’ order.
Timothy Rondeau, a spokesperson for Rhode Island Attorney General Peter Neronha’s office, issued a statement Tuesday in response to requests for comment.
“We appreciate the Court’s thoughtful review in granting this order, and we look forward to securing relief on behalf of Rhode Islanders and the environment,” Rondeau said in an email.
Theodore Boutrous, a partner with Gibson, Dunn & Crutcher LLP in California which is also representing Chevron, shared the exact same statement provided a day earlier when asked for comment on Carnes’ order.
Chevron has 90 days to hand over the required evidence to the state. Another hearing on the case is scheduled for May 8, by which time Carnes said he expects to have issued an order on Chevron’s Rule 11 motion.
In closing remarks, Carnes pledged to be fair to both sides and move as quickly as he could.
“I am going to try to keep a cool, clear head and try to keep as much acrimony out of this as possible,” he said. “I know there’s a lot of water to come over the dam.”
This story was originally published by the Rhode Island Current.
