Supreme Court Hears Exxon's Bid to Kill Boulder Climate Suit

Updates

1. Oct 5, 7:40 PM ET · Seeking Alpha — Justices appeared divided; only Kavanaugh clearly supported oil companies; Alito recused, raising possibility of 4-4 deadlock.

   • Boulder's lawsuit claims companies deceived consumers about dangers of oil/gas operations and climate change effects through advertising and marketing.
   • The Colorado Supreme Court allowed the suit to continue to state court.
   • Oil companies argue Boulder's claims are pre-empted by the Clean Air Act.
   • Suncor's attorney argued 90,000 municipalities could make national/international energy policy by imposing catastrophic damages.
   • A 4-4 deadlock would leave the lower court decision in place without setting a nationwide precedent.

2. Oct 5, 2:14 PM ET · Dow Jones Newswires — Justices appeared skeptical of oil companies' arguments, with only Kavanaugh clearly supportive; a 4-4 deadlock is possible due to Alito's recusal.

   • Justices' Skepticism — Justices noted state lawsuits target widespread effects like tobacco, asbestos, or defective automobiles. Chief Justice Roberts asked "What makes this situation different from all those other ones?"
   • Kavanaugh's Support — Justice Kavanaugh said prior cases made air/water pollution exclusively federal, not state, issues. Justice Kavanaugh warned that proliferating lawsuits could "bankrupt these various defendants."
   • Trump Administration — The Trump administration argued in support of dismissing the lawsuits.
   • Recusal and Deadlock — Justice Alito recused himself due to owning stock in energy companies. A 4-4 deadlock would leave the lower-court decision for Boulder's lawsuit to proceed.
   • Argument Session — The argument session lasted nearly two hours. Oral arguments occurred on the first day of the Supreme Court's new term.
   • Decision Timing — A decision is expected in the coming months.
   • Lawsuit Damages — Lawsuits seek financial damages for harms from extreme weather events tied to worldwide burning of fossil fuels.
   All 20 details

   • Justices noted state lawsuits target widespread effects like tobacco, asbestos, or defective automobiles.
   • Chief Justice Roberts asked "What makes this situation different from all those other ones?"
   • Justice Gorsuch seemed open to allowing some lawsuits, but questioned which states' laws apply.
   • Several justices expressed concern about opening the floodgates to climate-based lawsuits.
   • Justice Thomas asked if there is a limiting principle to whom Boulder could sue.
   • Chief Justice Roberts noted practical complications of so much potential litigation.
   • The argument session lasted nearly two hours.
   • Justice Kavanaugh said prior cases made air/water pollution exclusively federal, not state, issues.
   • Justice Kavanaugh warned that proliferating lawsuits could "bankrupt these various defendants."
   • The Trump administration argued in support of dismissing the lawsuits.
   • Justice Alito recused himself due to owning stock in energy companies.
   • A 4-4 deadlock would leave the lower-court decision for Boulder's lawsuit to proceed.
   • Justices Sotomayor, Kagan, and Jackson appeared inclined to allow the lawsuits.
   • Justice Kagan expressed surprise about companies' argument that states have no role in climate policy.
   • Justice Kagan asked for support or precedent for companies' argument.
   • A decision is expected in the coming months.
   • Oral arguments occurred on the first day of the Supreme Court's new term.
   • Justice Kagan compared climate lawsuits to state lawsuits alleging deceptive marketing of opioids.
   • Lawsuits seek financial damages for harms from extreme weather events tied to worldwide burning of fossil fuels.
   • Justice Kagan compared climate lawsuits to state lawsuits in the 1990s against tobacco companies.