Supreme Court Justices Hear ‘Complicated’ Climate Change Lawsuit

Supreme Court justices hearing a landmark case over whether state and local governments can sue fossil fuel companies for climate change damages spent a lot of time Monday whether they have jurisdiction over the issue.During their first case of the new term, the justices listened to nearly two hours of oral arguments in Suncor Energy Inc. v. County Commissioners of Boulder County. Boulder’s lawsuit alleges that Exxon Mobil and Suncor Energy misled the public about climate change risks while knowingly producing and promoting fossil fuels that contributed to the problem. The county argues these companies should help cover millions of dollars in costs that state and local governments incur to address climate change impacts, including injuries and damages caused by wildfires, pests, droughts, extreme heat, and flooding.The case could have far-reaching implications involving state’s rights under the Constitution. Approximately 60 states and localities have brought near-identical suits to hold fossil-fuel producers liable for alleged past and future climate-related harms in those jurisdictions.“If Boulder’s claims are allowed to go forward, some 90,000 municipalities across the country will have the ability to make national and international energy policy by asking juries to impose catastrophic damages on selected fossil fuel producers,” the attorney for Suncor Energy, Kannon Shanmugan, told the justices.The Colorado Supreme Court ruled that federal law did not override Boulder’s state-law claims. The state’s high court, however, has not yet ruled on the merits of the case. Some justices questioned whether the case should wait until after it has fully worked its way through the Colorado state courts.“It’s a little complicated,” Justice Neil Gorsuch said at one point.“We have to be sure of our jurisdiction,” Justice Sonia Sotomayor said. “You don’t win unless you get us to say that federal law preempts state law in this area, period. Correct?” Justice Sonia Sotomayor added.“That is correct,” Mr. Shanmugan replied.Justice Ketanji Brown Jackson also asked why the case shouldn’t wait. “Given the extraordinary magnitude of these cases, wherein each of these cases, plaintiffs are seeking billions of dollars of damages, that we need an answer to this question sooner rather than later,” Mr. Shanmugan replied.Justice Elena Kagan said Mr. Shanmugam was making the case even more complicated because he was using two different theories to try and prove his case. One theory centered on air and water regulation and whose rules take precedence and the second theory set out broad principles about the extension of laws beyond a state’s physical borders, with respect to any subject.The Trump administration’s principal deputy solicitor general, Sarah Harris, joined the arguments to back the energy companies. “This suit egregiously exceeds constitutional limits on state authority,” Ms. Harris said.Boulder County’s attorney, Kevin Russell, argued that the justices had a straightforward decision to make. “I would suggest the court can, and should, directly answer the question: What in the Constitution implicitly prohibits Colorado or any other state’s law from applying to these claims?”Most of the justices didn’t hint at how they were leaning in the case, although Justice Brett Kavanaugh seemed most skeptical about allowing Boulder to sue the energy companies. “If there are enough of these, they could bankrupt the various defendants and other defendants out there. Anyone is a potential defendant for a suit like this,” Justice Kavanaugh said. Only eight justices sat for the case. Justice Samuel Alito made a late decision to not to take part in arguments. Justice Alito does not own stock in ExxonMobil or Suncor Energy but critics complained that he had a conflict of interest because he directly holds stock in several other energy companies.Without Justice Alito taking part in the decision, if the three liberals decide in favor of Boulder, it would only require one member of the court’s conservative majority to join them in allowing the climate suit to proceed in Colorado’s courts.

Supreme Court Justices Hear ‘Complicated’ Climate Change Lawsuit

Supreme Court Justices Hear ‘Complicated’ Climate Change Lawsuit

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