Climate Break

Advancing Climate Solutions Through Legal Action, with Rob Bonta

Episode Summary

As science and technology continue to advance the response to climate change, lawyers in California are finding new ways to defend the environment and public health. We spoke with California Attorney General Rob Bonta about current legal action in the state. For a transcript, please visit climatebreak.org/advancing-climate-solutions-through-legal-action-with-rob-bonta/

Episode Notes

Introduction

California Attorney General Rob Bonta has established himself to be one of California’s leading legal advocates for climate accountability. Through lawsuits against big fossil fuel companies, including ExxonMobil, Shell, Chevron, BP, and ConocoPhillips, Bonta alleges that the industry misled the public about the climate impacts of their products. As federal environmental protections face increasing challenges, he has also led legal efforts against actions by the Trump administration that California argues undermine clean energy, environmental safeguards, and climate progress.

Background

States such as California have turned to litigation as a way to preserve environmental protections and advance climate action.Many of these efforts are led by California Attorney General Rob Bonta, whose office is currently involved in 67 lawsuits, including several focused on environmental and climate issues.

Transportation remains California's largest source of greenhouse gas emissions, accounting for roughly half of the state's total emissions. In response, California adopted aggressive vehicle-emissions standards and zero-emission vehicle requirements. These standards were enabled through waivers granted under the federal Clean Air Act. Recent efforts by Congress to overturn or weaken these authorities have triggered new legal battles over the future of vehicle emissions regulation at the state level.

The Supreme Court's 2007 decision in Massachusetts v. EPA held that greenhouse gases qualify as air pollutants under the Clean Air Act. The ruling ultimately led to the EPA's Endangerment Finding, the scientific and legal determination that greenhouse gas emissions harm public health and welfare. That finding became the basis for federal greenhouse-gas regulations across multiple sectors, but notably provided an avenue for transportation regulations. The Trump administration's efforts to rescind the Endangerment Finding and eliminate vehicle-emissions standards represents one of the most significant climate-policy reversals in decades. California is suing to stop the rescission.

Beyond regulatory disputes, California has also pursued accountability from fossil fuel companies. In ongoing litigation against major oil producers, including ExxonMobil and Shell, the state alleges that companies misled the public for decades about the climate risks associated with fossil fuel use while continuing to promote products that contributed to rising emissions. 

Advantages

Litigation gives states the power to hold the federal government and companies responsible for violations of the law. By bringing cases against the federal government, states can challenge actions they believe violate environmental laws and ensure that agencies follow existing legal requirements. Lawsuits also serve as an important component of the United States' system of checks and balances, allowing courts to review government decisions and determine whether they comply with the law.

Drawbacks

Despite its potential benefits, litigation is often a slow and uncertain path to climate action. Court cases can take months or even years to reach a final resolution, particularly when they involve appeals that move through multiple levels of the judicial system. Critics also argue that major climate decisions are better addressed through elected legislatures than through the courts. While lawsuits can enforce existing laws, they cannot always provide the comprehensive policy solutions needed to reduce emissions at the scale required to address climate change.

Bonta’s Take

Attorney General Rob Bonta views litigation as one of California's most effective tools for advancing climate action and protecting environmental regulations. He argues that the courts provide a venue where disputes can be evaluated based on evidence, legal precedent, and statutory authority rather than political considerations. Through lawsuits against federal actions and fossil fuel companies, Bonta hopes to give Californians a voice in legal decisions that could affect the state's environmental future.

Bonta emphasizes that his office's role is not to pursue political objectives, but to uphold the law and the Constitution. According to Bonta, decisions about which cases to bring are guided by facts, legal analysis, and the state's responsibility to protect its residents. He argues that when government agencies or private companies violate environmental laws or mislead the public, the legal system provides an important mechanism for accountability.

About our guest

Sworn in as California’s 34th Attorney General in 2021, Rob Bonta has become a leading legal advocate for California residents. As the head of the nation’s largest state Department of Justice, he oversees efforts to protect consumers, defend civil rights, and enforce environmental laws. With a 80% case win rate in court Bonta continues to work hard to be the heart of California’s legal justice.

For a transcript, please visit climatebreak.org/advancing-climate-solutions-through-legal-action-with-rob-bonta/

Episode Transcription

Ethan: I’m Ethan Elkind, and you’re listening to Climate Break — climate solutions in a hurry. Today’s proposal: using the legal system to advance climate action. We spoke with California Attorney General Rob Bonta during San Francisco Climate Week tolearn about his office’s lawsuits against fossil fuel polluters and the federal government’s climate rollbacks.

Bonta:  We have, um, 67 lawsuits that we've brought over a number of different topics, but just under a quarter of those are environmental related, and we're also bringing lawsuits against some of the biggest fossil fuel companies, and their role in deceiving and in lying, massive climate change deception case, and, um, another case against ExxonMobil for perpetuating the myth of plastic recycling.

Ethan: One area in particular that Attorney General Bonta is focused on is transportation. In 2025,  Congress used the Congressional Review Act to nullify California’s longstanding federal permission to mandate production of zero-emission vehicles.

Bonta:  They misused the Congressional Review Act, / to try to, uh, lift up and prop up big oil and set us back when it comes to climate action. Uh, but California won't be deterred.  We, we brought them to, to court on, on that issue,  and /  we await a ruling on the motion to dismiss. We think we're- we'll prevail. We feel confident.

Ethan: While some may express cynicism about the impartiality of the legal system, Attorney General Bonta remains optimistic that the states can successfully pursue climate action through litigation.

Bonta:   We're, um, suing based on law, based on facts, dispassionately in areas that are apolitical with a judge just looking at the law and the facts, and we're winning.

Ethan: To learn more about California’s climate cases, visit ClimateBreak.org.