Open Letter From Legal Scholars on the Climate Science Truth and Accountability Act (SB 1161, Allen)

A group of legal scholars supports California SB 1161, which would revive certain civil claims under the Unfair Competition Law (UCL) related to climate science misinformation. The authors argue that fossil fuel companies may have misled the public about climate risks as early as the 1950s and that the bill's time-limited revival of causes of action is a reasonable way to ensure these cases are decided on their merits rather than being barred by the statute of limitations.

• The authors contend that evidence suggests major fossil fuel companies were aware of the risks and potentially catastrophic effects of their products as early as the 1950s, and that subsequent commercial representations regarding the link between fossil fuels and climate change may constitute fraudulent or deceptive business practices.
• SB 1161 is designed to prevent companies from avoiding liability for misleading the public about climate science due to the passage of time. It proposes to revive, for a period of four years starting January 1, 2017, causes of action that would otherwise be barred by the statute of limitations, specifically those involving "unlawful, unfair or fraudulent actions or practices, and unfair, deceptive, untrue or misleading advertising" related to anthropogenic induced climate change.
• The scholars argue that SB 1161 does not violate First Amendment rights because the First Amendment does not protect commercial entities from liability for fraud or false and misleading statements made in a commercial context.
• The authors assert that the bill does not create new sources of liability, as commercial entities listed on U.S. stock exchanges are already subject to civil and criminal liability under federal securities laws for materially misleading statements or those not made in good faith.

APA

Union of Concerned Scientists (2016). Open Letter From Legal Scholars on the Climate Science Truth and Accountability Act (SB 1161, Allen). https://www.ucs.org/sites/default/files/attach/2016/05/legal-scholar-sign-on-letter-SB1161.pdf

Chicago

Union of Concerned Scientists. Open Letter From Legal Scholars on the Climate Science Truth and Accountability Act (SB 1161, Allen). 2016. https://www.ucs.org/sites/default/files/attach/2016/05/legal-scholar-sign-on-letter-SB1161.pdf.

Wikipedia

{{cite press release |author=Union of Concerned Scientists |title=Open Letter From Legal Scholars on the Climate Science Truth and Accountability Act (SB 1161, Allen) |date=19 May 2016 |url=https://www.ucs.org/sites/default/files/attach/2016/05/legal-scholar-sign-on-letter-SB1161.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{unionofconcernedscientists2016open, author = {{Union of Concerned Scientists}}, title = {{Open Letter From Legal Scholars on the Climate Science Truth and Accountability Act (SB 1161, Allen)}}, publisher = {Union of Concerned Scientists}, year = {2016}, month = may, url = {https://www.ucs.org/sites/default/files/attach/2016/05/legal-scholar-sign-on-letter-SB1161.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }