Zimmer, Citron & Clarke Leads Appeal Seeking Accountability for Fossil Fuel Industry’s Role in Puerto Rico’s Devastation

Boston, MA - April 2026 - Zimmer, Citron & Clarke LLP, alongside co-counsel Milberg, filed a brief in the U.S. Court of Appeals for the First Circuit on behalf of Puerto Rico municipalities seeking to revive antitrust, RICO, and state law claims against some of the world’s largest fossil fuel companies for their role in catastrophic hurricane damage across the island.

The appeal challenges a lower court’s dismissal of the case on statute-of-limitations grounds.

“This case is about deception on a global scale and devastation at a local level,” said Kathleen Foley, attorney for the Municipalities of Bayamon. “These municipalities brought claims only after the science caught up to the truth these massive oil companies worked for decades to hide.”

The initial lawsuit alleged major oil and gas companies engaged in a coordinated, decades-long campaign to mislead the public about the link between fossil fuel emissions and climate change, all while privately acknowledging the severe risks their products posed.

That campaign delayed meaningful regulation and public understanding, contributing directly to the intensity of hurricanes like Maria in 2017 and Fiona in 2022. These storms caused widespread destruction, economic collapse, and loss of life across Puerto Rico.

In the brief, Zimmer, Citron & Clarke attorneys identify several critical legal errors in the district court’s dismissal.  Among other things, they argue that the claims are timely under the doctrine of fraudulent concealment, as Defendants spent decades obscuring the connection between their products and climate change, preventing Plaintiffs from discovering the facts necessary to file suit.  They also argue that the lower court ignored the reality that Plaintiffs could not have brought these claims earlier because key scientific evidence linking specific storms to Defendants’ conduct only emerged in recent years. And they argue that the district court improperly treated Hurricane Maria as the sole source of injury, despite clear allegations of harm from more recent storms.

“Plaintiffs did exactly what the law requires; they investigated, waited for credible scientific evidence, and filed suit when they had a good-faith basis to do so,” David Zimmer said. “The district court’s decision flips that principle on its head and rewards concealment while punishing diligence.”

The appeal asks the First Circuit to reverse the dismissal and allow the case to proceed so the courts can address the merits of the claims.

The case is Municipalities of Bayamon, et al. v. Exxon Mobil Corporation et al., United States Circuit Court of Appeals for the First Circuit, Case No. 3:22-cv-01550-HRV.