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Supreme Court Hears Climate Change Lawsuit Against Oil Companies
Confirmed
In Short: The Supreme Court heard arguments on Monday in a case that could set a precedent for climate change lawsuits against oil and gas companies.
Chief Justice John Roberts questioned the implications of allowing municipalities nationwide to file similar lawsuits, suggesting that if the court allows the case to proceed, “the next day... there will be at least 50” similar lawsuits filed in state courts around the country.
Attorney Kannon Shanmugam, representing the industry, argued that the Boulder case was attempting to use the courts to decide a public policy issue that is properly up to Congress and other elected officials.
Kevin Russell, an attorney representing Boulder, countered that state lawsuits can address damage in Colorado, regardless of where the fossil fuels are produced.
Justice Brett Kavanaugh said that “a wall of precedent” establishes that lawsuits concerning interstate air and water pollution are matters of federal law.
Justice Sonia Sotomayor pointed out that the high court has allowed similar suits to proceed in state courts.
Justice Ketanji Brown Jackson asked whether the case had reached the high court too early, noting that the Colorado Supreme Court has not decided other claims the companies have made in state court.
Sarah Harris, the principal deputy solicitor general, said Boulder’s case “egregiously exceeds” the state’s authority, arguing that interstate air pollution is an inherently federal area.
Boulder Mayor Aaron Brockett expressed optimism after the arguments, saying, “It's taken a long time to get to this point, but it feels very positive that that effort that we started in this exact location eight years ago has gotten to the stage of going to the Supreme Court, and then hopefully the next step of having a full hearing in court.”
What this adds
The case, Suncor Energy v., concerns whether Boulder County, Colorado, can sue two fossil fuel companies in state court to reclaim damages caused by climate change.
The Trump administration supports the companies, arguing the lawsuits are unconstitutional.
The court's decision could impact similar cases across the country.
Justice Samuel Alito recused himself from the case, leaving open the possibility that the Supreme Court deadlocks 4-4 in the case, which would mean the decision of the Colorado Supreme Court would stand, allowing Boulder's case to proceed.
Background
The Supreme Court heard arguments in a case that could set a precedent for climate change lawsuits against oil and gas companies.
The Supreme Court began its new term on Monday with a case that could set a precedent for climate change lawsuits against oil and gas companies.
What's confirmed
- “If you prevail, a municipality in every single state will file a lawsuit,” said Chief Justice John Roberts.
- Attorney Kannon Shanmugam, representing the industry, said the Boulder case was attempting to use the courts to decide a public policy issue that is properly up to Congress and other elected officials.
- “Climate change is certainly one of the most pressing issues” facing the country, but the lawsuit “is exactly the wrong way to go about” addressing it, he said.
- But Kevin Russell, an attorney representing Boulder, argued that state lawsuits can address damage in Colorado, regardless where the fossil fuels are produced.
What's still developing
- The Supreme Court is considering whether local governments can sue oil and gas companies for climate change costs.
- Activists take a stand as the Supreme Court begins its new term with a case about whether oil and gas companies should help pay for damage caused by disasters linked to climate change, on Capitol Hill in Washington on Monday.
- The conservative-majority Supreme Court has been skeptical of environmental regulations in the past, including in a 2022 decision limiting the EPA’s authority to regulate carbon dioxide emissions from power plants.
- Boulder officials argue that companies like Suncor and Exxon should be accountable for climate-related disasters.
- The Trump administration supports the companies, arguing the lawsuits are unconstitutional.
- The court's decision could impact similar cases across the country.
- Boulder County has pushed back, arguing that nothing in federal law or the Constitution precludes the suit from proceeding, and that, because the case has not yet been fully litigated at the Colorado Supreme Court, the U.S. Supreme Court should wait to weigh in.
- Oil and gas corporations Exxon Mobil and Suncor Energy want the Supreme Court to decide that municipalities can’t sue them in state court for damages related to climate change.
- Supreme Court heard oral arguments in a major climate change case on Monday.
- The case, the first of the court’s new term, concerns whether Boulder County, Colorado, can sue two fossil fuel companies in state court to reclaim damages caused by climate change.
- The companies Suncor Energy and Exxon Mobil argue that such lawsuits must be heard in federal court and that allowing this case to proceed in state court would tie up energy companies in endless, financially ruinous lawsuits across the country.
- Dozens of municipalities have tried to sue energy companies in state courts to hold them accountable for climate change damages.
Sources
- Bozeman Daily Chroniclelink
- CBS Newslink
- Christian Science Monitor - CSMonitor.comlink
- Daily Cameralink
- Fox Newslink
- Honolulu Star-Advertiserlink
- Kokomo Tribunelink
- The Telluride Timeslink
- miningweekly.comlink
- triyaknews.comlink
- WarpBeat — background on Supreme Court Hears Climate Change Lawsuit Against Oil Companies link
- WarpBeat — background on Supreme Court Considers Climate Change Lawsuits link
- CBS News — video link