Mike Mino (3:24)

Thanks for having me, Jane.

Jane Coastin (3:26)

The Supreme Court recently agreed to hear arguments in a case involving a lawsuit by Boulder county, Colorado against ExxonMobil and Suncor Energy. Before we get to the Supreme Court case, what is Boulder county suing these companies for?

Mike Mino (3:40)

All across the United States, from Maine to Hawaii, dozens of state and local governments are right now suing major oil and gas companies like Exxon, Chevron, Shell, BP for deceiving the public about their fossil fuel products role in the climate crisis, to hold them accountable for that deception and to make them pay for the associated damages that they caused. So the, the arguments in these cases are a lot like the lawsuits against tobacco companies or opioid manufacturers. These companies knew they were selling a harmful product. They lied to protect their profits. And now communities like Boulder are saying they need to be held accountable and pay for the damages that their deception has caused. And you know, for Boulder, this question of who should pay for climate damages is not theoretical. In 2021, part of Boulder county was hit by the Marshall Fire. It was the most destructive wildfire in Colorado history. More than 1,000 homes were destroyed. And Boulder's lawsuit, which was filed in 2018, specifically names the increased risk of wildfires as one of the things the county needs to pay for and protect residents against going forward.

Jane Coastin (4:56)

So I wanted to ask, cause you made a comparison that was really interesting to me. The comparison to lawsuits made against Big Tobacco and lawsuits made against Purdue Pharma and opioid manufacturers, both of those entities. There's a very clear paper trail where both said our products are not harmful. What is Boulder, Colorado arguing is the similar element here? What did oil companies tell us that wasn't true?

Mike Mino (5:23)

So thanks to whistleblowers, journalists, congressional investigations, we have a well documented body of Evidence that shows that companies like Exxon knew decades ago, as early as the 1970s, that in the words of one internal industry document, if we didn't stop using fossil fuels, it could lead to potentially catastrophic events. But what did the companies do with this information? We also have internal industry documents showing that they decided that rather than warn the public about the problem and help to steer the nation toward a safer, cleaner energy future, instead they decided to lie, to deceive the public, to spread misinformation. And in doing so, they stole decades of time when we could have been doing more on climate change. And now communities like Boulder are paying the price for that deception.

Jane Coastin (6:21)

Now, the reason this case is going before the Supreme Court is not because of Boulder County. It's because of the oil companies. What? Why are the oil companies arguing the Supreme Court needs to intervene here.

Mike Mino (6:31)

As you might imagine, big oil companies are terrified of standing trial in these cases. They've argued in their own Supreme Court briefs that they're facing massive monetary liability in these lawsuits. And if they're really held accountable to stop deceiving the public and pay for the damages that they've caused, they're staring at billions and billions of dollars in liability. The oil companies claim that by trying to make these companies pay for local climate damages, these communities are somehow trying to actually set national climate policy, and that these cases are therefore preempted by federal law. Of course, Bolger's lawsuit is trying to do no such thing. And a growing number of courts, including the Colorado Supreme Court, that have looked at this issue have rejected oil's arguments.

Jane Coastin (7:20)

So, given the makeup of the Supreme Court, which is pretty conservative right now, is there any reason to think they won't just side with the energy companies in this case?

Mike Mino (7:30)

You know, obviously, a lot of people hear a case is going to the Supreme Court, and it raises alarm bells. But again, the US Supreme Court has turned down many previous requests to take up one of these lawsuits as they're making their way through the lower courts, as they're heading to trial. And the justices sat on the petition in this case for several months. And when they finally agreed to take the case, we got a hint at what might have been going on between closed doors. And that was that the justices added a second question, which was, do we, the Supreme Court, even have jurisdiction, meaning the authority to hear this case right now at this time before there's a final judgment? So there are really signs that the justices internally might have doubts that they should even be weighing in on this issue yet. But on that core issue of are these cases preempted by federal law? Look, every state Supreme Court to rule on this to date, including the Colorado Supreme Court, has said no. These cases are squarely about holding companies accountable for deceptive conduct and that communities like Boulder should be allowed to proceed toward discovery and trial.

Jane Coastin (8:37)

Last spring, the Wall Street Journal reported on a meeting President Trump had with oil and gas executives at the White House. What have those executives been lobbying for from the Trump administration?

Mike Mino (8:49)

Yeah, so I think what's really telling is that Wall Street Journal story said one of the top concerns oil executives brought directly to President Trump in person were lawsuits exactly like boulders. So a month after that meeting where they asked President Trump, can you help us fight these lawsuits? Trump issued an executive order. He directed Attorney General Bondi to take all appropriate action to try to stop these lawsuits. The Justice Department actually sued two states, Michigan and Hawaii, that had said, we going to file our own lawsuits against big oil companies. And the case against Michigan has been dismissed, but the one against Hawaii is still pending. And perhaps the most consequential thing the Trump administration has done to date to help bail out Big Oil was to tell the Supreme Court again in an uninvited brief. A rare thing. You should take up this Boulder case.

Jane Coastin (9:40)

Oil companies are also working with Republican members in Congress to create legislation that would shield them from lawsuits that hold them responsible for environmental damage. What do we know about those efforts?

Mike Mino (9:52)

Yeah, it's true. They are so terrified of facing any kind of accountability, they're not content to just make their case in court and take their chances. They're actually going around the courts directly lobbying Congress for what's called a liability waiver. This would be essentially immunity from any laws or lawsuits that could hold them accountable. The American Petroleum association, the biggest oil lobbying group, said that killing these types of lawsuits is their top priority for 2026. And a house Republican, Harriet Hageman from has said she's working with colleagues in the House and Senate to introduce a bill that would shield oil companies from having to face any type of legal liability.

Jane Coastin (10:29)

It's been interesting because you would think, and when Trump came back into office, you kind of had this idea like, this is going to be boom times for the oil and gas industry. He's going to open up drilling in a host of environmental refuges. There's going to be. Big Oil and Big Gas are going to be the beneficiaries of this administration. And that hasn't really been true to the extent that I think a lot of oil Companies probably expected in 2024. And now we're in the midst of a war with Iran that is pushing gas prices up because even with domestic production, there's only so much that the United States can do if the Strait of Hormuz is closed. But I think the wider thing I think everyone should be thinking about is why are we so reliant on oil? It seems like to me a worthwhile opportunity to be thinking, rethinking our relationship with Big Oil.

Mike Mino (11:19)

Amen. And in fact, the reason we're still so reliant on oil and gas is because decades ago, Big Oil saw the writing on the wall. Hey, if we don't do something, there's going to be growing demands to transition to cleaner energy. And so what did they do? They launched this unprecedented, consequential, massive deception campaign to spread climate denial and disinformation and stall the clean energy transition, which, if we had been further along right now, would. Without those decades of lies from oil and gas companies, we would not be perhaps in as big a mess as we are today. Now, climate damages are costing the United States somewhere in the neighborhood of a trillion dollars a year. And all those costs right now are falling on taxpayers while the companies that knowingly caused the problem lied about it and continue to deceive the public. Right? They pretend, hey, we're actually part of the energy transition, where they're not. They're still doubling down on fossil fuels. And if Big Oil isn't held accountable for that, it's going to continue to be communities and taxpayers that continue to pay all the costs of climate damages.

Jane Coastin (12:23)

Mike, thank you so much for your time.

Mike Mino (12:25)

Jane, thanks so much.

Jane Coastin (12:27)

That was my conversation with Mike Mino, communications director for the center for Climate Integrity. Talking about climate change always gets me worked up. I think we could all use a little break. So grab yourself a cup of water, get your steps in and if you like the show hit subscribe. Leave us a five star review on Spotify and Apple podcasts. Check us out on YouTube and share with your friends. We'll be back after some ads. What a day is brought to you by Aura Frames. We take a ton of photos of our dog because he is beautiful. And with Aura Frames, I can see our photos whenever I want and so can our friends and family. AuraFrames offers free unlimited storage. You can add as many photos and videos as you want and you can preload photos before it ships. Keep adding from anywhere, anytime. Auraframes is the perfect gift every time. Named number one by Wirecutter, you can save them the perfect gift by visiting auraframes.com for a limited time. Listeners can get $35 off their best selling Carver mat frame with code WAD. That's a U R A frames.com promo code WAUD. Support the show by mentioning us at checkout. Terms and conditions apply. What a day is brought to you by Factor. I love to cook. Even when it's hot. Even when I'm tired. But even I have my limits. Like on a day that doesn't seem to stop. That's why I love Factor. What goes inside a factor? Meal quality functional ingredients including lean proteins, colorful veggies, whole food ingredients and healthy fats. No refined sugars, no artificial sweeteners, no refined seed oils and meals that fit your goals and schedule. Healthier eating, calorie management, more protein. There's also tons of variety 100 rotating weekly meals to keep things fresh and delicious throughout winter and spring. Options include High Protein Calorie, smart Mediterranean diet, GLP1 support and ready to eat salads. Plus the new MusclePro collection supports strength and recovery. Perfect if you're getting back into a workout routine and you can't beat the convenience. It's always fresh, never frozen, ready in about two minutes. No prep, no stress. You can actually stick to your goals. When I'm genuinely too busy to cook, Factor is there for me. Head to FactorMeals.com wad50off and use code WAD50OFF to get 50% off and free breakfast for a year. Offer only valid for new Factor customers with a code and qualifying auto renewing subscription purchase. Make healthier eating easy with Factor Early Birds Always rise to the occasion for summer vacation planning because early gets you closer to the action. So don't be late. Book your next vacation early on VRBO and save over a hundred. Rise and shine. Average savings $141 select homes only this

Mike Mino (15:03)

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Jane Coastin (15:08)

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Mike Mino (15:22)

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Jane Coastin (15:29)

code GIANT20@american-giant.com as you've probably noticed, we've been trying something new with our headlines. Crooked's Washington correspondent Matt Berg will be back on Wednesday, but for now, here's what else we're following today. Head of Lines

Mike Mino (15:48)

are Democrats waiting for Americans to get hurt to get killed before they actually put your security on, before those who have come to this country unlawfully and illegally. I hope that's not their position, but we can get to a better place if they would just come to their senses and negotiate after they open it up.

Jane Coastin (16:06)

Transportation Secretary Sean Duffy went on Fox News Sunday to remind everyone that the Department of Homeland Security is still shut down. There's growing concern that the agency that's supposed to keep Americans safe here at home is closed while the US Is at war with Iran. Of course, when sharing those concerns, Duffy conveniently forgot that DHS is shut down, partly because Americans were killed by the department's immigration officers. It's already been a month since funding for DHS expired, and it doesn't look like a deal is coming anytime soon. The board of the Kennedy center is expected to vote on President Trump's grand renovation plans today. Back in February, Trump announced his intention to close the center for two years starting July 4 for construction, revitalization and complete rebuilding. Trump also removed 18 board members and replaced them with his own picks like White House Chief of Staff Susie Wiles and second lady Usha Vance. So his odds of getting those plans approved look pretty good. But Ohio Democratic Representative Joyce Beatty is hoping to throw a wrench in things. Her position on the board is designated by Congress, and on Saturday a federal judge ruled she must be included in this week's meeting. The judge did not guarantee her right to vote, but he did rule she must be sent information about the renovation within 24 hours of the meeting. This is all happening as Trump confirmed plans to replace the center's head, Ray Grenell, on Friday, using Trump's favorite platform for hiring and firing True social the performing arts center will now be led by Matt Floca, who has been its vice president of facilities since 2024. Tomorrow is primary day in Illinois. Democratic Governor JB Pritzker is running for a third term. Pritzker is also a potential Democratic presidential candidate for 2028. There's a crowded field in the Senate race to replace Democratic Senator Dick Durbin, who decided not to run for a sixth term. House Representatives Robyn Kelly and Raja Krishnamoorthy both gave up their seats to run for Durbins. Big money is being spent in these races. According to the Chicago sun times, more than $50 million has been spent by super PACs and and special interest groups in Chicago area congressional primaries. WBEZ Chicago found that a lot of that money has come from donors and groups with links to the American Israel Public affairs committee or APEC. They've spent more than $13 million in these races. Support for Israel has become a major issue in the primary for Illinois's 9th congressional district. Specifically, candidates including State Senator Laura Fine, Evanston Mayor Daniel Biss and former journalist Kat Abu Ghazale are running to replace retiring Representative Jan Schakowski. Federal Communications Commission Chairman Brendan Carr is back at it with the thinly veiled threats. Carr wrote on Twitter Saturday that broadcasters airing fake news have, quote, a chance now to correct course before their license renewals come up. Carr's warning followed a true social post by President Trump, who slammed the fake news media for negative coverage involved involving the Iran war. Trump directed his ire at the New York Times and the Wall Street Journal, which the FCC does not regulate, carr wrote in his own post. Quote, broadcasters must operate in the public interest and they will lose their licenses if they do not Public interest or Trump's interest? The threat received pushback from Democratic lawmakers. California governor Gavin Newsom tweeted, quote, if Trump doesn't like your coverage of the war, his FCC will pull your broadcast license. That is flagrantly unconstitutional. In the lamenting words of Eminem, the FCC won't let me be or let me be me. So let me see, they tried to shut me down on MTV but it feels so empty without me. And that's the news. Before we go. We're less than nine months away from the midterms and we have a lot of work that you can do right now. November will decide control of Congress and if Trump maintains his Republican trifecta and our friends at Votes of America are here to help. They'll give you tips on how, when and where to donate to make sure your money goes the furthest. How to confidently talk to the people in your life about midterms and key issues and opportunities to take action with your community in real Life. Go to votesaveamerica.com and sign up to be a part of the work this year. Then send the sign up link to five friends paid for by VoteSave America. Learn more at votesaveamerica.com this ad has not been authorized by any candidate or candidates committee. That's all for today. If you like the show, make sure you subscribe, leave a review, get pumped for March Madness and tell your friends to listen. And if you're into reading, I'm not just about how you can start filling out your men's and women's brackets today. And yes, your bracket will be destroyed in a week. But that's what's so fun about it. Like me. What a Day is also a nightly newsletter. Check it out and subscribe@cricket.com subscribe I'm Jane Coston and remember, watching college basketball at work is a time honored American tradition. What a Day is a production of Crooked Media. It's recorded and mixed by Desmond Taylor. Our associate producer is Emily Foer. Our producer is Caitlin Plummer. Our video editor is Joseph Dutrell. Our video producer is Johanna Case. We have production help today from Greg Walters, Matt Berg and Ethan Oberman. Our senior producer is Erica Morrison and our senior Vice president of News and Politics is Adrian Hill. Our theme music is by Kyle Murdoch and Jordan Cantor. 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