From Ars Technica · · 2m
Oil giants ask Supreme Court to kill climate lawsuits
The Supreme Court heard arguments on whether federal law blocks states and cities from suing fossil fuel companies for climate damages.
In brief
The Supreme Court heard arguments on whether federal law blocks states and cities from suing fossil fuel companies for climate damages. Oil companies asked the Supreme Court to block dozens of state and local climate lawsuits, arguing federal law preempts such claims, while plaintiffs say the cases are about…
Supreme Court hears oil company challenge
The US Supreme Court heard arguments from oil companies on Monday that could decide the fate of more than two dozen lawsuits accusing the industry of deceiving the public about climate change.
Boulder sued ExxonMobil and Suncor in 2018
The case was brought by the city and county of Boulder against ExxonMobil and Suncor Energy in Colorado state court. The case has survived multiple appeals in state and federal courts.
Oil companies claim federal law blocks the suits
Oil companies argue federal law preempts state and local governments from bringing such claims. They say Boulder is attempting to use state law to regulate oil company activity around the world.
“This case represents an unprecedented effort to use state law to regulate global conduct.”
Oil companies warn of cascading lawsuits
Kannon Shanmugam, arguing for Exxon and Suncor, said if Boulder's claims proceed, some ninety thousand municipalities across the country would have the ability to make national and international energy policy.
“If Boulder's claims are allowed to go forward, some 90,000 municipalities across the country would have the ability to make national and international energy policy by asking juries to impose catastrophic damages on selected fossil fuel producers.”
Boulder says this is about deception
Boulder and other plaintiffs argue their claims do not attempt to impose limits on oil companies. Kevin Russell, arguing for Boulder, said the case is about deception, not emissions.
“This case is not about emissions. It's about deception.”
Justice Alito recused himself from the case
Justice Samuel Alito was not at the hearing after recusing himself last week. He owns stock in oil companies that are party to other lawsuits affected by the court's decision.
Alito's absence could allow a tie vote
Alito's absence leaves open the possibility of a tie vote, which would allow the case to move forward. Many cases brought by states and local governments have been paused pending the outcome.
Decision expected by end of court term
The Supreme Court's decision, expected by the end of the court's term in June, could bring climate claims to an abrupt halt or set the stage for trials to finally begin.
The short version
Oil companies asked the Supreme Court to block dozens of state and local climate lawsuits, arguing federal law preempts such claims, while plaintiffs say the cases are about deception, not emissions limits.
