The Supreme Court has rejected appeals from fossil fuel companies over climate change lawsuits brought by local governments in several states.
Suncor Energy and Exxon Mobil Corp. petitioned the high court last year over a lawsuit by local governments in Colorado, asking the justices to decide if they should be sued in state or federal court.
The companies had wanted the lawsuits to be decided in federal courts so there’s a uniform response.
The high court’s move allows the lawsuits to proceed in state courts.
Justice Samuel A. Alito Jr. did not take part in the decision not to hear the cases. The court noted that Justice Brett M. Kavanaugh would have granted a review of the case. It did not give any further information about why the court declined to take up the dispute.
“We are confident the pending climate lawsuits in the U.S. will ultimately be dismissed,” said Theodore J. Boutrous Jr., the lawyer for Chevron Corp. “Climate change is an issue of national and global magnitude that requires a coordinated federal policy response, not a disjointed patchwork of lawsuits in state courts across multiple states.
“These wasteful lawsuits in state courts will do nothing to advance global climate solutions, nothing to reduce emissions, and nothing to address climate-related impacts,” Mr. Boutrous said.
In the Suncor/Exxon lawsuit, local governments in Colorado allege that the fossil fuel companies’ activities produce greenhouse gasses that have contributed to climate change and have caused harm to the localities.
They claim the companies have flouted state nuisance laws as well as property, public health and consumer protections, among other violations.
The energy companies attempted to move the litigation to federal court, but the U.S. Court of Appeals for the 10th Circuit denied the request. It reasoned that in the wake of the Clean Air Act, state legal systems can govern claims over interstate pollution.
The companies told the high court that other appellate courts — like the 2nd Circuit — have sided with Exxon in a separate case brought by New York City. That circuit court said damages related to climate change belong in federal court, citing interests of federalism.
Other lawsuits have been brought by municipalities against big oil companies.
In recent years, about two dozen of these types of actions have been taken.
In its Monday orders, the high court also declined to hear lawsuits brought by fossil fuel companies over disputes with local governments in Maryland, Rhode Island, California and Hawaii.
Climate change advocates saw the high court’s refusal to weigh the disputes as a victory.
Delta Merner, lead scientist at the Science Hub for Climate Litigation at the Union of Concerned Scientists, said the communities involved in these lawsuits suffered “unimaginable losses” due to the “recklessness and greed of the fossil fuel industry.”
“ExxonMobil, Suncor, Chevron, Shell and other fossil fuel companies have known for decades that heat-trapping emissions from their operations and the use of their products drive climate change and its impacts, but they have continued to deceive the public and obstruct meaningful action. The decision sends a powerful message to fossil fuel companies: Evading responsibility will not be tolerated,” Ms. Merner said.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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