California cities suing oil firms over climate change lose key ruling

The Islais Creek Channel a waterway that runs near 3rd and Cesar Chavez in San Francisco, Calif., as seen on Wed. January 10, 2018. The Islais Creek Channel a waterway that runs near 3rd and Cesar Chavez in San Francisco, Calif., as seen on Wed. January 10, 2018. Photo: Michael Macor / The Chronicle Buy photo Photo: Michael Macor / The Chronicle Image 1 of / 1 Caption Close California cities suing oil firms over climate change lose key ruling 1 / 1 Back to Gallery

California communities that are suing oil and gas companies over climate change were dealt a setback when a federal judge denied requests by San Francisco and Oakland to move their cases to state court.

Seven cities and counties are seeking to recoup billions of dollars from fossil-fuel-energy producers to compensate for past and future damage incurred because of rising seas. They are seeking to have the issue heard in state court, a venue they see as more favorable to them than the federal courts.

But on Tuesday, U.S. District Judge William Alsup ruled that the far-reaching scope of the issue puts the matter in federal jurisdiction. The decision pertains only to San Francisco and Oakland, but the other communities with lawsuits could encounter the same dilemma.

The suits argue that oil producers, including Bay Area-based Chevron, ConocoPhillips, ExxonMobil and Shell, are creating a public nuisance because the heat-trapping gases emitted from their fossil fuels have driven a rise in sea levels. The communities want the companies to cover the costs of constructing seawalls and rebuilding submerged roads and infrastructure.

The plaintiffs include Santa Cruz and Imperial Beach (San Diego County) as well as the counties of San Mateo, Marin and Santa Cruz.

Plaintiffs have had success in similar public nuisance cases in California courts. For example, a state judge recently ordered paint companies to pay for the damage caused by lead-based product that was sold years ago.

Alsup, however, sided with oil producers in ruling that the San Francisco and Oakland cases belong in federal court. The decision would keep the cities from using state precedents to advance their arguments. Representatives of the San Francisco and Oakland city attorneys offices said they were reviewing the ruling.

“No matter what courthouse we’re in, we will continue to defend San Francisco residents from fossil-fuel companies that are trying to shirk their responsibility and stick taxpayers with the bill,” said John Coté, spokesman for San Francisco City Attorney Dennis Herrera.

A trade group on the side of oil and gas companies praised Alsup’s ruling.

The decision “is a significant setback for these politically motivated and legally questionable lawsuits and should be a signal to the plaintiffs’ bar that this approach is a legal dead end,” said Lindsey de la Torre, executive director of the National Association of Manufacturers’ Accountability Project.