What U.S. Supreme Court judges said at a hearing on climate damages from oil and gas
Justices appeared wary about potential sweep of litigation, but torn over complex questions raised by case
The U.S. Supreme Court grappled Monday with whether local governments can sue oil and gas companies in state court to help cover costs associated with climate change, an issue with potentially billions of dollars at stake.
Key justices appeared wary about the potential sweep of litigation, but torn over the complex questions of federal and state law raised by the case.
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justices → say → case
Officials in Boulder, Colo., argue their lawsuit is an attempt to hold Canada-based Suncor and U.S.-based ExxonMobil accountable for their contributions to climate change.
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Suncor → argue → change
They say that worsening disasters such as floods and wildfires put a heavy financial burden on local communities, and the industry should bear part of that cost.
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industry → say → cost
Both the city and county of Boulder first sued the oil companies in 2018, years before the 2021 Marshall Fire destroyed nearly 1,100 homes and left two people dead.
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Fire → sue → people
Total damage was estimated at $2 billion US — the costliest wildfire in Colorado history.
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damage → estimate → history
The energy companies say that a flurry of lawsuits in state courts is not the way to deal with the global issue.
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flurry → say → issue
Impacts for wave of other climate lawsuits
Governments from largely blue-leaning areas around the U.S. have filed similar lawsuits seeking damages that could total billions of dollars, part of a wave of legal action worldwide seeking to leverage action through the courts.
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that → lean → courts
"Presumably, if you prevail, the next day, a municipality in every single state will file a lawsuit," said Chief Justice John Roberts.
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Roberts → prevail → lawsuit
"How do you think that will work out on the ground?
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that → think → ground
Canadians are going to court to find out
UN countries agree on legal obligation to address climate change
Justice Brett Kavanaugh said a win by Boulder could bankrupt the oil companies and other potential defendants.
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win → go → companies
"I mean, anyone is a potential defendant for a suit like this.
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anyone → mean → this
Any manufacturer, any business," he said.
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he → say → manufacturer
A win for the oil and gas companies at the U.S. Supreme Court, meanwhile, could shut down dozens of similar cases filed in recent years.
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win → shut → years
What Suncor, Exxon say
Suncor and Exxon argue that the Clean Air Act gives the federal government — not the states — the power to regulate emissions.
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Act → say → emissions
They have the support of the Trump administration, which argues the lawsuits are an unconstitutional attempt to regulate planet-warming emissions and impose Colorado's state law beyond its borders.
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lawsuits → have → borders
But Roberts and other justices pointed out that state courts consider lawsuits about a myriad of issues that have nationwide reach.
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that → point → reach
"I guess I'm not quite sure what makes this situation different from those," Roberts said.
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Roberts → guess → those
The court is also weighing a jurisdictional question that could allow it an "off-ramp" to avoid deciding the issues right away.
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that → weigh → issues
Justice Ketanji Brown Jackson seemed like a vote in favor of that path.
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Jackson → seem → path
"Why shouldn't we wait and hear all of these claims once the state courts are done?" she asked.
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she → wait → claims
The case was heard without Justice Samuel Alito, who recused himself just a week before arguments after facing calls to step aside because he owns stock in oil companies.
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he → hear → companies
That raises the possibility of a tie vote.
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That → raise → vote
A deadlock would leave in place a decision from Colorado's highest court allowing the case to proceed.
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case → leave → court
Kannon Shanmugam, the lawyer representing the industry, urged the justices to reverse that ruling.
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Shanmugam → represent → ruling
He said the Boulder case was attempting to use the courts to decide a public policy issue that is properly up to U.S. Congress and other elected officials.
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that → say → Congress
"Climate change is certainly one of the most pressing issues" facing the country, he said, but the lawsuit "is exactly the wrong way to go about" addressing it.
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lawsuit → face → it
Principal Deputy Solicitor General Sarah Harris said Boulder's case "egregiously exceeds" the state's authority.
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case → say → authority
The county essentially declares itself a victim of actions that occurred largely out of state, she said.
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she → declare → state
But Kevin Russell, a lawyer representing Boulder, argued that state lawsuits can address damage in Colorado, regardless where the fossil fuels are produced.
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fuels → represent → Colorado
Boulder is not trying to regulate greenhouse gas emissions or stop the companies from continuing to produce oil and gas, Russell said.
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Russell → try → oil
Instead, officials are seeking to hold the companies accountable for allegedly misleading the public about their contribution to global warming by burning fossil fuels, he said.
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he → seek → fuels
'Chapter 3' of case trilogy, after tobacco, opioids
Justice Elena Kagan compared the climate case to previous state-based lawsuits against the tobacco industry and opioid makers.
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Kagan → compare → industry
"This is Chapter 3," she said, noting the similarities of states claiming harms from products produced nationally and even internationally.
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she → say → products
"This is a different book,″ replied Shanmugam, the industry lawyer.
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Shanmugam → reply → ?
Harms claimed by Boulder "are diffused nationwide and indeed worldwide," he said.
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he → claim → Boulder
U.S. environment agency sued over scrapping scientific rule behind climate protections
Critics accuse Carney government of proposing 'sacrifice zones' for the environment
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Critics → sue → environment
Donald Trump's Republican administration has rolled back environmental regulations, including a move last month by the Environmental Protection Agency to repeal rules that limit emissions from power plants fuelled by coal and natural gas.
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that → roll → coal
States and cities have already sued over the repeal of the power plant rule.
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States → sue → rule
The conservative-majority U.S. 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.
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Court → include → plants
A decision is expected in the coming months.
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decision → expect → months
…and 1 more, not listed.
The Aporia
