The Supreme Court will review whether state and local governments can use state nuisance laws to sue energy companies over alleged climate change damages.
On Feb. 23, the court granted certiorari to review a Colorado Supreme Court ruling in Suncor Energy Inc. v. County Commissioners of Boulder County. The court will specifically examine whether the federal Clean Air Act preempts state-law nuisance claims seeking damages from oil and gas companies.
Justices are expected to examine a Colorado ruling allowing a lawsuit against ExxonMobil and Suncor Energy to proceed.
The original suit was filed in 2018 by the city of Boulder and Boulder and San Miguel counties as part of a wave of lawsuits against major energy producers under state climate laws.
Democratic-led governments, backed by environmental groups, have accused global oil companies of misleading the public about the effects of fossil fuels. Some officials and advocates have said they hope for a multibillion-dollar settlement similar to the 1990s tobacco litigation that resulted in large payouts from cigarette manufacturers.
Lower courts have dismissed many similar lawsuits, including in traditionally progressive jurisdictions such as New York, Maryland and the California Bay Area. Energy companies have long argued the suits belong in federal court, citing the Clean Air Act, which they say preempts state pollution laws.
An ExxonMobil representative told Reuters the company does not believe climate policy should be set through “fragmented state-court actions.”
Phil Goldberg, special counsel for the Manufacturers’ Accountability Project, which focuses on litigation targeting manufacturers, echoed that view. “Supreme Court review will bring much-needed clarity and uniformity to this issue and help ensure that fundamental policy decisions about energy and climate are made by the appropriate branches of government,” Goldberg said.
The lawsuits show no sign of slowing and are expanding in scope.
In Washington state, a lawsuit was filed last spring over the 2021 death of Juliana Leon. Court documents say Leon, a 65-year-old bariatric surgery patient, died after leaving her doctor’s office during a 102-degree day. Her vehicle lacked air conditioning, so she rolled down the windows for the 100-mile drive home. She was later found dead in a neighborhood hours later.
Attorneys for her family argue that the extreme heat was driven by fossil fuel-related climate change and are seeking damages.
In January, Michigan sued major oil companies, including ExxonMobil and BP, accusing them of collusion related to fossil fuels and climate change.
The Michigan attorney general’s office alleges the companies have colluded since at least 1980 to maintain reliance on fossil fuels. The lawsuit accuses them of concealing climate research and hindering the adoption of renewable energy technologies.
Like other cases, Michigan is seeking damages and a civil trial.
Taylor Millard writes about politics and public policy for InsideSources.com.
