“SORT OF PREMATURE”
The burning of fossil fuels releases greenhouse gases including carbon dioxide into the atmosphere, trapping heat and raising average global temperatures over time.
Nearly 60 state and local governments have brought similar suits seeking billions of dollars from fossil fuel companies, with more continuing to be filed, Exxon and Suncor told the justices. A ruling by the Supreme Court siding with the companies could lead to many of those cases being dismissed.
Liberal Ketanji Brown Jackson said some of the questions asked by her colleagues during the arguments “make me think that we’re really early in this case” and “that this is sort of premature from the standpoint of this court exercising its jurisdiction.”
“I understand that you have several other federal issues that you have raised that are still pending in the state court. So why shouldn’t we wait and hear all of these claims once the state courts are done with their federal considerations?” Jackson asked Shanmugam.
“I would submit,” Shanmugam replied, “that given the extraordinary magnitude of these cases, where in each of these cases plaintiffs are seeking billions of dollars of damages, that we need an answer to this question sooner rather than later.”
“And just as a matter of judicial administration, given the number of these cases that are in courts around the country, that the time is really now for this court to resolve these issues,” Shanmugam said.
Monday’s arguments marked the latest example of energy-sector companies asking the justices to block climate-related liability or limit federal environmental regulation.
Backers of the oil companies argue that if Boulder’s most far-reaching claims are allowed to proceed, it could give states sweeping power over conduct occurring far outside their borders.
Energy companies and trade groups, along with states allied with them, have built a largely winning record before the justices over the past two decades in cases involving climate liability and the reach of federal environmental regulation.
The court has a 6-3 conservative majority. Conservative Justice Samuel Alito has recused himself from participating in the case, meaning the ruling will be made by eight justices and not nine. Alito owns stock in several oil and gas companies but not Exxon or Suncor, according to his financial disclosure forms.
The Supreme Court‘s decision is expected by the end of June.
