Supreme Court to Hear NAM-Backed Challenge to Climate Tort Litigation

In a victory for manufacturers, the Supreme Court has agreed to hear a challenge brought by two energy companies to a 2018 Colorado lawsuit—one of more than 30 suits in this coordinated litigation campaign—that seeks to hold them liable for the effects of global greenhouse gas emissions, it said this week (POLITICO’s GREENWIRE, subscription).
What’s going on: The justices on Monday agreed to review an appeal by Suncor and ExxonMobil requesting that it throw out a suit by the city and county of Boulder.
- The suit claims the firms and their products are responsible for the rising costs of extreme weather events and seeks billions of dollars in damages.
- ExxonMobil and Suncor say federal law bars state and local governments from bringing state-law tort claims for injuries caused by the effects of interstate and international emissions.
NAM in the news: “ The National Association of Manufacturers, which opposes the climate liability lawsuits, welcomed the decision, with Phil Goldberg, special counsel for the association’s Manufacturers’ Accountability Project, calling it a ‘decisive step toward resolving conflicting rulings nationwide and reaffirming that climate policy belongs with elected policymakers—not the courts.’”
- Last year, the Colorado Supreme Court ruled that the suit could proceed in state court.
- In October, the NAM filed an amicus brief urging the high court to grant review in the case.
A request: In addition to briefing the issue of federal preemption of state law claims, the Court asked each side to file briefs on whether the justices have the authority to hear the case given that the energy manufacturers appealed an interlocutory decision by the Colorado Supreme Court, not a final judgment.