Climate case over killer Puerto Rico storm was filed too late, oil companies argue

By Lesley Clark | 08/13/2026 06:24 AM EDT

Exxon and other fossil fuel producers told a court Tuesday that a lawsuit by the island’s towns should have been filed within four years of Hurricane Maria.

Destroyed communities are seen in the aftermath of Hurricane Maria in Toa Alta, Puerto Rico.

Destroyed communities are seen in the aftermath of Hurricane Maria in Toa Alta, Puerto Rico, on Sept. 28, 2017. Gerald Herbert/AP

Oil and gas companies told an appeals court Tuesday that dozens of Puerto Rican towns missed their opportunity to sue the fossil fuel industry for contributing to a 2017 hurricane that killed thousands of people, marking a new bid to quash a climate case based on federal law used against the Mafia.

The industry assertion comes as 37 Bayamón municipalities appeal a 2025 federal court ruling that found the local governments failed to meet the legal deadline for filing a lawsuit that argued oil majors misled the public about the dangers of burning fossil fuels.

The claims in the lawsuit “all accrued” when Hurricane Maria struck Puerto Rico in September 2017, “at which point they knew or should have known of their injuries and who allegedly caused them,” attorneys for Exxon Mobil, Chevron, BP and others told the 1st U.S. Court of Appeals. “Everything plaintiffs needed to file their complaint was already in the public record years before they filed suit.”

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Lawyers for the towns did not respond to a request for comment.