Input Stories

Exxon Mobil is urging the Supreme Court to hear a Colorado case that allowed a local climate change lawsuit against it and Suncor Energy to advance in state—rather than federal—court (POLITICO Pro’s CLIMATEWIRE, subscription).

What’s going on: The two companies “filed a petition with the high court Friday, asking it to review a Colorado Supreme Court decision that allowed a climate lawsuit brought against the companies by a local city and county to proceed to state court.”

• The petition, which holds that climate change is a federal matter, says that by reviewing the state court’s decision, the high court could “determine whether dozens of similar lawsuits filed in state courts should be heard in federal court.”
• The Supreme Court hears approximately 1% of the petitions it receives.

Why it’s important: “No state has the authority to govern, let alone impose liability on, the production and use of energy in other states and countries around the world,” Phil Goldberg, special counsel for the NAM’s Manufacturers’ Accountability Project, told the news outlet, adding that such litigation “could impose significant and unwarranted costs on all American consumers for their essential energy needs.” The Colorado case is one of more than 20 such lawsuits that have been brought by states and municipalities.

• In May, the Colorado Supreme Court sided with the local Colorado governments, “rejecting the industry’s contention that the lawsuit involves global greenhouse gas emissions and should be barred by federal law.”
• Next month, the NAM Legal Center will file an amicus brief urging the Supreme Court to grant certiorari and resolve this longstanding issue.

Other recent cases: In March, the Supreme Court rejected a request by 19 Republican state attorneys general to end a set of climate suits against the traditional energy sector.

• And in January, the high court declined to hear an appeal from energy companies to dismiss a lawsuit by Honolulu, Hawaii, alleging they had misled the public for years about the perils of climate change.
• Meanwhile, earlier this month a South Carolina court dismissed a climate change lawsuit against oil and gas companies by the city of Charleston.

New White House, new priorities: While the previous administration asked the court not to intervene in the cases, the current one “has aggressively sought to curtail the lawsuits, starting with an executive order in April that targeted state climate efforts.”

• It has also filed preemptive suits against Hawaii and Michigan, seeking to stop those states from going to court.