Under Our Feet

“Heaven is under our feet as well as over our heads.”

- Henry Thoreau

The state of Maine has sued big oil over climate change. Good for Maine. And good luck to Maine.

The objective is laudable. The timing could hardly be worse. After four years of unctuously pretending to be working to combat climate change, Exxon Mobil, Chevron, and their like have returned from the underworld to reclaim their place in the sun. Despite the years of hypocrisy, I hope they will not scrap their decades of research, for they know the damage they have done better than anyone else. As of Monday, though, it’s back to “drill, baby, drill.” No more wind. No more solar – for as Ralph Nader once said, “the oil industry does not own the sun.”

The lawsuit, which was filed in late November, makes Maine the ninth state (plus the District of Columbia) to pursue this innovative legal path. The argument is straightforward. “For over half a century, these companies chose to fuel profits instead of following their science to prevent what are now likely irreversible, catastrophic climate effects,” said Maine Attorney General Aaron Frey. “In so doing, they bur0dened the State and our citizens with the consequences of their greed and deception.” Note the phrase, “their science”: This suit argues the oil companies knew exactly what they were doing.

The defendants dragged out the usual suspects. Exxon Mobil blamed consumers and touted over $20 billion invested to lower emissions. Shell agreed that action is needed now, but said the courtroom is the wrong place to do it. A spokesman for the American Petroleum Institute blasted these “meritless, politicized lawsuits against a foundational American industry and its workers.” If this all has a familiar ring, think big tobacco.

Meanwhile, the red states have counterattacked. Alabama and 19 others have asked the U.S. Supreme Court to stop these lawsuits, which “threaten not only our system of federalism and equal sovereignty among States, but our basic way of life.” Alabama (again) has also joined 10 other states to sue three large investment firms (BlackRock, Vanguard, and State Street) for promoting “climate activism,” thus violating antitrust laws and advancing the goals of the loathsome ESG (environmental, social, and governance) movement.

People who are younger than I, of which there are a great many, appear to think this matter of climate change is a big deal, probably because they will have to bear its consequences. So why is the issue so consistently ignored in the public arena? One reason is that the overwhelming size and complexity of the problem leaves ordinary people feeling helpless.

A more insidious reason is that our representatives have failed us. Joe Biden tried his best on this issue, but the considerable progress he made was rolled back in a day. Most Americans want climate action, but they apparently don’t want it badly enough to make the politicians pay attention. During the 2024 election, climate change ranked 19th out of 28 issues in pre-election polls. Nineteen is a number political consultants treat with contempt, and so they instructed their Democratic candidates to pay little more than lip service to the future of the earth. It’s not a winning issue. “It’s the economy, stupid.”

How can the future of the earth not be a winning issue? We know where the current Republican Party stands, but what if, instead of genuflecting to the latest polls, Democrats stood – and stood up – for principle? What if, instead of following the pollsters, they tried to lead the people? Consultants are paid to get their candidates elected. Then it’s on to the next campaign, while the rest of us watch our elected representatives jeopardize the future of our children and grandchildren.

April 22nd, 2025, three months from yesterday, is the 55th anniversary of Earth Day, the largest secular holiday in the world. It’s time to revive the energy and the hope of those early days by turning out and speaking up forcefully for the earth on which every living being depends. Mark your calendars.