I still maintain that fossil fuels companies that are sued by governments at any level should refuse to sell their products to those governments. Or, at the very least, publish how much those governments purchase
Biden administration tells Supreme Court Big Oil climate cases belong in state court
A lawsuit filed by several Colorado municipalities accusing ExxonMobil Corp and Suncor Energy Inc. of exacerbating climate change belongs in state court where it was filed, the Biden administration told the U.S. Supreme Court on Thursday.
The administration urged the justices to reject the oil companies’ petition for review of a February 2022 appeals court’s ruling that sent the case back to state court, a venue generally considered more favorable to the municipal plaintiffs.
The Denver-based 10th U.S. Circuit Court of Appeals remanded the case after concluding that none of the grounds cited by the companies to change the venue supported giving federal courts jurisdiction.
The venue question is a key point of contention in roughly two dozen lawsuits filed by states and municipalities against major oil companies alleging they concealed and misrepresented the dangers associated with burning fossil fuels.
The oil companies maintain that their operations make these cases a federal matter. On one hand, I would say most suits need to be at the state level, there’s too much federal involvement. However, you do have to consider that the products being sold are crossing state lines, which would then involve the federal government via the Commerce clause.
The case, if the Supreme Court elects to take it, would give the high court a second chance to clarify whether state or federal courts should hear the lawsuits filed by states and local governments, including Honolulu, Baltimore, and the states of Rhode Island and Delaware.
The Supreme Court first considered the jurisdiction question in 2021 in case brought by the city of Baltimore. It issued a narrow ruling telling the 4th U.S. Circuit Court of Appeals to reconsider arguments for removal raised by the oil companies in that case, but didn’t weigh in directly on which courts were proper.
What’s the endgame of Biden trying to tell the Court to not take the case? Obviously, the courts in Colorado would be rather liberal and could easily rule against the companies, regardless of state law. It could take many, many years before the cases could end up back in front of the Supreme Court if they do not take it now.
I’m wondering how those municipalities would operate without fossil fuels. How do the cities in Boulder County and the county itself clear all the snow from the roads? Run police and fire? Pick up garbage? Deal with all the tourists?
