[BoulderCouncilHotline] FW: A Colorado Update! From EarthRights.

[Jones, Suzanne]

Dear All—

I thought Boulder residents would benefit from this update on the climate damages lawsuit that Boulder filed (along with Sam Miguel and Boulder counties) against the fossil fuel industry.

As a reminder, EarthRights International is representing us pro bono on this lawsuit.

Cheers,
Zan

Suzanne Jones
Mayor, City of Boulder
(720) 633-7388
joness at bouldercolorado.gov

________________________________
From: Marco Simons, EarthRights <infousa at earthrights.org>
Sent: Tuesday, July 9, 2019 9:30:26 AM
To: Jones, Suzanne
Subject: A Colorado Update! From EarthRights.


Dear Suzanne,

As the local weather continues to surprise us, we have a few updates to share with you regarding the climate change lawsuit<https://protect-us.mimecast.com/s/-pgaCrkVW7uANY7lHmTKri?domain=click.everyaction.com> that Boulder and San Miguel have filed against the fossil fuel industry.

Where does the case stand?

We were scheduled to have our first hearing in late May. Like the rest of the legal community, we were saddened by the unexpected death of Judge Wiley Daniel. He was a true pioneer, and his death is a great loss for Colorado. As you may have read in the Daily Camera, the case was recently assigned a new judge, Judge William Martinez<https://protect-us.mimecast.com/s/DsxRCv2L6JiWB5qztZnHdn?domain=click.everyaction.com>. We are now waiting for a new date for oral arguments.

An update on Baltimore’s case vs. Exxon

There is good news in similar climate change cases around the country. Most recently, Baltimore won its motion<https://protect-us.mimecast.com/s/oQMeCwp76giLOmk3HBStp1?domain=click.everyaction.com> to have its case against fossil fuel companies heard in state court--the same thing that we are asking the U.S. District Court in Denver to do.

As Climate Liability News reported<https://protect-us.mimecast.com/s/UuMrCxkLWjuJGVDoU3K-5B?domain=click.everyaction.com>, the judge “took particular pains to explain that the public nuisance claims the city is pursuing can only be decided in a state court and the city nowhere even alleges that the defendants violated any federal statutes or regulations.” We hope this simple logic will also prevail in our case here in Colorado.

UCS report shows Colorado in the lead

In June, the Union of Concerned Scientists (UCS) shared an exciting new survey<https://protect-us.mimecast.com/s/_6_RCyP2WkfNjwK5irZ62-?domain=click.everyaction.com> that reports a majority of Americans think fossil fuel companies should pay for some portion of global warming harms. Colorado comes out strong and in front with, in Denver, over 58% adults agreeing that fossil fuel companies are responsible for global warming costs. Here's a highlight:

Conducted by Yale University’s Program on Climate Change Communications (YPCCC) and supported by the Union of Concerned Scientists (UCS), this striking new survey asked Americans across the country their opinions about responsibility for climate change damages<https://protect-us.mimecast.com/s/nX2cCzpYgliRPZEofp6wHZ?domain=click.everyaction.com>.

The public opinion results are searchable through this interactive map<https://protect-us.mimecast.com/s/LfyVCADKEOt9mXBASPSezk?domain=click.everyaction.com>, which downscales results to the state, congressional district, metro area, and county levels.

A few notable findings:

  *   Nearly 70% of respondents distrust fossil fuel companies

  *   Majorities in Texas and Louisiana, two states with entrenched fossil fuel industry ties, think companies should pay for climate damages

  *   50% of U.S. adults strongly or somewhat support local officials filing a lawsuit to make companies pay for a portion of climate damages in their area

EarthRights will be in touch as soon as we have an update on the oral argument date and our next visit and events in Colorado. As always, we thank you for your support. If you would like to support this case with a donation, you can do so here.<https://protect-us.mimecast.com/s/b48zCBB9GEfVZr05U9AkzD?domain=click.everyaction.com> We could not do this without you!

In Solidarity,

Marco Simons

General Counsel

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