Port Moody will consider joining a class-action lawsuit against fossil fuel companies to make them accountable for their role in climate change.
It might even take a look at playing a leading role in the litigation.
On Tuesday, Feb. 13, a request for the city’s participation from a coalition of environmental groups, that includes the Force of Nature Alliance, putting together the legal action was referred to staff. Their recommendations would then be discussed by council at a future meeting.
But Port Moody Mayor Meghan Lahti suggested the city might be open to acting as the suit’s lead plaintiff.
“We can’t underestimate the damage climate change has done,” she said.
“I think anything we can do to mitigate the costs toward the city, we should be looking at.”
Earlier, Mark Norbury of the Laudato Si’ Circle, a local ministry focused on environmental advocacy, told councillors it would cost the city about $36,000 to join the lawsuit — a dollar for each resident.
But if the action is successful, he said, it could realize compensation that would cover about 30 per cent of the money being spent to mitigate the impacts of climate change, like more severe storms, flooding, drought and wildfires.
Last September, council approved a plan to spend more than $11 million over the next 16 years to reduce greenhouse gas emissions from 27 civic facilities. The work would include a complete redesign and updating of the ice plant, heating and dehumidification systems at the recreation complex.
Port Moody is also spending more than $3 million to install a new boardwalk across the mudflats at the eastern end of Burrard Inlet after the original wooden structure was damaged by a very high king tide in December 2022.
Norbury said the possibility of recouping some of that money represents “a good return on investment” for the city.
“It’s a small price to pay.”
Justin Arseneault, also of Laudato Si’, said the initial funding being requested from communities would get the lawsuit before a judge who will determine whether it should be certified as a class-action.
He said, to date, five municipalities in B.C. have signed on to the legal effort that was launched in June 2022 — Gibsons, the District of Squamish, View Royal and, just in the past two weeks, Qualicum Beach and Slocan.
Andrew Gage, a lawyer for West Coast Environmental Law that is stewarding the legal effort, said as it advances one community would have to take on the role of lead plaintiff. Such a commitment would likely require some staff resources, he added.
Coun. Callan Morrison said time is of the essence.
“We are in a climate crisis. This is an emergency.”
Arseneault said he thinks the proposed lawsuit makes a good case; 28 law professors across the country agree it has a sound legal basis and similar class actions have been won in other jurisdictions.
Several large American cities, counties and even states have also launched their own lawsuits against old corporations.
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