While the US government continues to call climate change a hoax and attack the science, in courtrooms from The Hague to Honolulu, fossil fuel companies are taking a different approach. Shell, Chevron, RWE and TotalEnergies all accept that climate change is real, human-caused and serious. The era of corporate climate denial, at least in legal proceedings, is largely over.

What has replaced it is a more nuanced position: accepting the science of climate change while contesting their responsibility for it.

New research published in the journal Transnational Environmental Law offers the first systematic analysis of how major fossil fuel companies defend themselves when taken to court over their role in causing global warming. Drawing on case documents from landmark lawsuits, the research identifies three distinct strategies companies are using.

The first and broadest argument is that climate change is a collective problem caused by society’s demand for energy, not by the companies that supply it. Chevron and Shell, in separate cases on different continents, cited the same passage from the IPCC’s Fifth Assessment Report – that greenhouse gas emissions are driven by “population size, economic activity, lifestyle, energy use” – to argue that responsibility lies with modern industrial society as a whole.