Milberg Moves Forward in Groundbreaking Climate Change Racketeering Case Against Big Oil

Puerto Rico Municipalities’ lawsuit survives dismissal attempts, allowing discovery into fossil fuel industry’s deception enterprise

In a major victory for climate accountability, a federal magistrate judge has ruled that the landmark lawsuit filed by Puerto Rico’s municipalities against the fossil fuel industry will proceed, sustaining claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) and antitrust laws.

This decision marks a monumental leap forward in climate litigation, placing some of the world’s largest fossil fuel companies on track to face trial for their role in deliberately misleading the public about climate change while suppressing clean energy alternatives.

The lawsuit, led by Milberg on behalf of 37 Puerto Rican municipalities, alleges that ExxonMobil, Shell, Chevron, BP, and other major oil producers engaged in a coordinated, decades-long deception campaign to conceal the true dangers of fossil fuel consumption.

Through dark money funding and industry-backed disinformation campaigns, these corporations manipulated public perception, influenced policy, and delayed the transition to clean energy—despite possessing particularized knowledge of climate change’s catastrophic effects.

We at Milberg are eager to begin the discovery process to uncover the dark money trail that shows how this climate change deception enterprise colluded to deceive the world into believing that climate change was not a real, existential threat,” said Marc Grossman, Senior Partner at Milberg. 

“The fossil fuel industry became the architects of choice, designing a future that forestalled clean energy alternatives and deepened our dependence on their products—all while knowing the devastating consequences.

Puerto Rico has long been on the frontlines of the climate crisis, suffering unprecedented destruction from extreme hurricanes and rising sea levels.

The municipalities bringing this lawsuit have been left to rebuild communities devastated by climate change-fueled disasters, a direct result of the fossil fuel industry’s fraudulent suppression of climate science and obstruction of renewable energy development.

Sadly, the people of Puerto Rico are the canaries in the coal mine, bearing the brunt of a crisis engineered by corporate greed and deception,” Grossman continued. 

“By sustaining our racketeering and antitrust claims, this case will be ground zero for holding the participants in this racketeering enterprise accountable. It is time for those who built this empire of deception to answer for their actions in a court of law.

State Law Claims Dismissed

While the ruling allows the RICO and antitrust claims to proceed, the court dismissed the state law claims, including those related to public and private nuisance, strict liability, and unjust enrichment. Milberg is disappointed in that aspect of the finding and will respond accordingly.

The firm remains committed to pursuing all available legal avenues to hold these corporations accountable for the full scope of their actions.

What’s Next?

With this ruling, the case now moves into full-scale discovery, where Milberg will finally pull back the curtain on the fossil fuel industry’s decades-long campaign of deceit. The firm is ready to unearth the secret funding, the corporate collusion, and the internal documents that will prove what these companies knew all along—climate change is real, it is devastating, and Big Oil has chosen profit over human life.

This ruling marks a turning point in climate litigation. It sends a clear and undeniable message: those who built an empire on deception and destruction will no longer escape accountability.

The people of Puerto Rico have waited too long for justice, and now, their fight will serve as a beacon for communities worldwide battling the fallout of corporate greed.

This is a historic moment, and we are just getting started,” said Grossman. “We are going to shine a light on the darkest corners of this industry. The fossil fuel companies may have thought they could bury the truth, but today, we tell them: the truth is coming for you.

Milberg’s Environmental & Toxic Torts Practice Group

Milberg’s Environmental and Toxic Torts Litigation practice is a global force for environmental justice that holds corporations accountable for harming natural resources and public health. Our attorneys work collaboratively with academics, medical professionals, environmental advocacy groups, and regulatory bodies worldwide on behalf of clients seeking protection from environmental harm.

The companies involved in harmful environmental practices are some of the largest, wealthiest, and most influential in the world. As an internationally recognized plaintiffs’ firm, Milberg has the experience and resources needed to enforce clients’ environmental rights against well-financed corporations, wherever they may operate.