Currently, there is an escalating push to put one of the most powerful and moneyed industries above the law. After months of lobbying and backroom deals, legislation has been introduced in Congress that aims to shield fossil fuel companies from any laws or lawsuits that would hold them accountable for their role in the climate crisis. Given what has been documented about the fossil fuel industry, this latest effort to shield companies from legal accountability raises serious concerns. No industry should be exempt from the legal standards we apply to everyone else.
Oil companies like ExxonMobil, Shell, Chevron, and BP knew in the 1970s that their fossil fuel products were actively harming the environment — and they did nothing about it. Instead, fossil fuel companies spent decades casting doubt on the scientific consensus surrounding climate change despite internal research indicating that continued fossil fuel use would contribute to significant environmental harm.
We see the fallout of those lies every day, from more extreme weather events destroying and displacing communities, to disruptions to our agricultural growing seasons and food systems. In the medical field, we see how worsening air pollution has been linked to higher rates of neurological diseases and asthma. We see how emergency rooms are overburdened during unprecedented heatwaves that are becoming increasingly common. Big Oil companies knew their products would fuel the chaos we’re experiencing, and now they want to ensure they are never held responsible for it.
This is not without precedent. Courts have previously held tobacco companies accountable after evidence showed they understood the health risks associated with their products while publicly minimizing their dangers. Those cases are not about punishing an industry for existing; they are about ensuring accountability when companies knowingly contributed to preventable harm. As healthcare professionals, we understand the devastating toll tobacco has taken on public health. Climate is likewise contributing to injuries, illness, and premature deaths through worsening air pollution, extreme wildfire smoke, infections, and other health impacts. The question is not whether these harms exist, but whether these companies should be held accountable for their public health impacts.
Judges and juries function as a critical pillar of our democracy, and Big Oil is currently trying to opt out of that core American principle. If they insist they acted legally, then they should be able to defend that in court — not run to Congress to evade accountability.
As medical professionals, we are expected to meet a standard of care because our decisions affect people’s health and lives. We are held liable for acting negligently. The same principle should be applied to every industry. No industry should receive blanket immunity simply because it is monetarily valuable.
Accountability is a cornerstone of both our medical and legal systems. Granting an industry immunity from responsibility would set a troubling precedent. Our representatives should reject efforts that prevent communities from seeking their day in court and instead let the legal system evaluate the evidence, just as it does in other public health cases.
This op-ed is authored by representatives of Montana Health and Climate, including Isabelle Johnson, third-year WWAMI medical student, Bozeman; Ann Buss, MA, BA, retired, Montana DPHHS, Helena; Kathy James, RN, retired, Billings; Allison Young, MD, FAAP, pediatrician, Missoula; Rob and Lori Byron, retired Physicians, Red Lodge; Haley Yarborough, journalist, Missoula.