Supreme Court Justices Question Big Oil Defense in 36 Climate Suits
Updated
Updated · The Guardian · Oct 9
Supreme Court Justices Question Big Oil Defense in 36 Climate Suits
3 articles · Updated · The Guardian · Oct 9
Summary
At least four U.S. Supreme Court justices signaled skepticism toward oil companies' claim that the Clean Air Act blocks Colorado localities' climate-damages case in Suncor v Boulder.
Elena Kagan challenged the lack of statutory text, precedent or support for that defense, while Chief Justice John Roberts compared the case to tobacco and opioid litigation that states and cities were allowed to pursue.
The Boulder-area suit is one of about three dozen cases nationwide seeking to make ExxonMobil, Suncor and other producers pay for mounting costs from floods, wildfires, drought and extreme heat tied to fossil-fuel use.
A ruling allowing such cases to proceed in state court could sharpen liability risks for major emitters, echoing past mass settlements including tobacco's $206 billion pact and BP's $20 billion Deepwater Horizon payout.