Amicus brief argues consumers should have truthful information about the health and climate impacts of fossil gas
Boston, Mass. (October 1, 2026) — In advance of an upcoming oral argument, a coalition of physicians, public health professionals, and health-focused organizations have urged the Massachusetts Appeals Court to allow consumers’ claims against Eversource Energy to move forward, arguing that the utility may have misled consumers about the health and environmental impacts of natural (“fossil”) gas. The coalition filed an amicus curiae brief last month in support of the plaintiffs-appellants in Ortiz et al. v. Eversource Energy. Oral argument is scheduled for October 8, 2026.
The amici include Greater Boston Physicians for Social Responsibility, Climate Code Blue, and individual physicians and public health experts who argue that consumers should be entitled to accurate information when making decisions that have the capacity to affect their families’ health and the environment. The brief contends that consumers suffer real injuries when they are misled into exposing themselves and their families to harmful pollutants or contributing to environmental harms they sought to avoid.
Underscoring the harm, amici detail scientific evidence linking gas appliance use to indoor air pollutants including nitrogen dioxide, carbon monoxide, benzene, and methane, and argue that statements that fossil gas is “clean,” “safe,” “environmentally friendly,” or “good for families” can be misleading in light of medical and scientific research. The amici cite studies that show that the pollutants from gas appliances increase the risk of illness and premature death, with particular severity for children. For example, one study estimates that over 10 percent of pediatric asthma cases in the U.S. are tied to gas stove usage.
“Our concern is fundamentally a public health concern,” said Dr. Regina LaRocque, MD, MPH, an amicus participant and Associate Professor of Medicine at Harvard Medical School. “Patients and families should be able to make informed decisions about their homes and health. That requires truthful communication about both the benefits and risks associated with energy sources and household appliances.”
“Greater Boston Physicians for Social Responsibility joined this brief because the medical literature has increasingly documented causal relationships between gas in homes, indoor air pollution, and adverse health outcomes,” said Dr. Susan Racine, MD, co-chair of Greater Boston Physicians for Social Responsibility. “When consumers receive information suggesting a product is safe, it does not defy logic to expect that reasonable people would rely on those claims. Ensuring public health depends on accurate information.”
“Climate Code Blue believes that climate change and public health are inseparable issues,” said Dr. James Recht, MD, spokesperson for Climate Code Blue. “The health impacts of climate change are sweeping and burden the most vulnerable patients. Consumers deserve marketing that reflects the scientific reality regarding environmental impacts.”
The amici warn that creating an effective exemption for utilities from consumer protection laws would make it substantially more difficult for Massachusetts residents to challenge allegedly deceptive marketing practices by companies that provide essential services.
“Our clients are physicians and public health professionals who have spent their careers studying and responding to health impacts. They are deeply concerned that consumers may be receiving messages about gas that are inconsistent with the established scientific literature,” said Alison Borochoff-Porte, Senior Attorney at EarthRights International and counsel for amici. “These are experts we should listen to.”
“The question here is whether misrepresentations about the public health and climate impacts of fossil gas causes injury to consumers,” said Marco Simons, counsel for amici and General Counsel at Greenpeace USA. “Our clients are alarmed by the notion that misleading statements and omissions, which are directly relevant to consumers’ health and the impact of gas on the climate crisis, would be considered harmless. Massachusetts consumer protection law is designed to broadly protect against the injuries at issue here, and should give the plaintiffs an opportunity to prove their allegations.”
“So-called ‘natural gas’ is a fossil fuel that gives kids asthma and is overheating the planet,” said Matt Pawa, Partner at Pawa Law Group, P.C. “Eversource badly misled consumers by telling them that its fossil gas is ‘safe,’ ‘clean,” and ‘good for the environment.’ Consumers should have their day in court.”
The amici are asking the Appeals Court to reverse the lower court’s dismissal and allow the plaintiffs’ claims to proceed to discovery, where evidence regarding consumer understanding, health impacts, and allegedly deceptive marketing practices can be fully examined.
About the Amici. Greater Boston Physicians for Social Responsibility is a nonprofit organization of health professionals and community members working to address threats to public health including climate change, environmental toxins, and nuclear weapons. Climate Code Blue is a community of physicians and allied health professionals dedicated to advancing public understanding of the health consequences of climate change and the benefits of climate solutions. The amici also include individual physicians, researchers, and public health professionals with expertise in environmental health and epidemiology.
Amici are represented by Alison Borochoff-Porte of EarthRights International, Marco Simons of Greenpeace USA (Greenpeace, Inc.), and Matt Pawa and Wesley Kelman of Pawa Law Group, P.C.
EarthRights International is a non-profit, non-governmental organization that combines the power of law and the power of people to defend human rights and the environment. We envision a world where communities can always pursue justice and accountability, especially in the face of the climate crisis. In this world, people live with power and dignity, while corporations, financial institutions, and governments uphold human rights and protect the environments that sustain these communities. We have offices in Southeast Asia, the United States, and Latin America. Learn more at http://www.earthrights.org.
Media contact:
Daniela Colaiacovo, EarthRights International
daniela.colaiacovo@earthrights.org
(703) 975-0608