BP sees legal jeopardy in activists’ push for climate goals

LONDON: After paying more than US$65bil in legal costs for the Deepwater Horizon catastrophe, BP Plc is wary of the risk of lawsuits related to climate change.

Chief executive officer Bob Dudley raised the topic of class-action lawsuits twice during the company’s AGM in Manchester, England, saying he wouldn’t disclose certain climate targets, or even answer some questions from activist investors, because the risk of legal action in the US was too high.

“You want to get us to make statements here in front of you that you can document that will lead to a class action,” Dudley said in response to one question from the Union of Concerned Scientists about pending US litigation against energy companies. Such legal actions are “a business model in the United States,” he said.

The sharp exchange between BP and two advocacy groups – Amnesty International and the Union for Concerned Scientists – shows the growing pressure on major oil companies to acknowledge their responsibility for emissions of greenhouse gases.

It also reflects the burgeoning efforts to hold them legally responsible for the potentially disastrous consequences of rising global temperatures.

“BP could be on the hook for millions, if not billions of dollars,” Kathy Mulvey, accountability campaign director at the Union of Concerned Scientists, said in a statement.

“Why wouldn’t shareholders want to know about the risk of legal liability, a risk that’s growing rapidly as climate costs multiply.”

In response to another questioner who suggested that selling oil and gas should be considered a violation of human rights, Dudley warned shareholders this could be another attempt to mire BP in a class-action suit.

An open letter from shareholders including Aviva Plc last week urging more transparency could also end up providing lawsuit fodder, he said.

“BP absolutely believes in being transparent. Transparency is beneficial to all,” Dudley said. “But we don’t want climate disclosures to be a tool for class-action lawyers.”

BP is still working through some of the 390,000 legal claims that resulted from the 2010 Deepwater Horizon catastrophe, which killed 11 people and spilled millions of gallons of crude into the Gulf of Mexico. The company had to sell off about a third of its assets to pay the various legal costs associated with the disaster.

In part, the payments were so steep because of a class-action suit, which offered a broad definition of which members of the Gulf Coast community were entitled to payments. BP will spend about US$1bil a year on civil settlements related to the spill until 2033.

Cities and states in the US are also seeking payouts from oil companies for the consequences of climate change, possibly using the funds to build seawalls or other infrastructure, said BP chairman Carl-Henric Svanberg. — Bloomberg